No Maintenance Obligation in the “Gray Area”

Under the full application of the Austrian Tenancy Act (MRG), the landlord is legally obligated to carry out the maintenance works listed in § 3 para. 2 MRG—such as the upkeep of common parts of the building. This includes repairing serious damage to the property or eliminating significant health hazards.

At the same time, § 8 MRG assigns certain maintenance and repair duties to the tenant.

When comparing these two provisions, a so-called “gray area” emerges—situations where neither the landlord nor the tenant is legally obligated to carry out maintenance under the MRG.

This gray area particularly includes repairs to walls and floors and repainting, as long as no serious damage or health hazard exists.

OGH ruling of 19.06.2024, 7 Ob 97/24a