How do I sue my landlord in Austria for water damage and lost furniture, and what proof do I need?

Thank you for your question,

Whether you can successfully claim against your landlord for water damage depends very much on the specific circumstances.

As a general rule, the landlord is responsible for keeping the rented property (i.e. the apartment itself) in the agreed condition and for remedying defects.

This means that repairing the burst pipe and restoring parts of the apartment itself is typically the landlord’s responsibility.

If you incurred repair costs for parts of the apartment that the landlord was actually obliged to repair, these costs are very likely recoverable from the landlord.

However, the landlord is not automatically liable for damage to a tenant’s furniture or personal belongings. Courts usually look at whether the landlord could reasonably have prevented the pipe burst - for example through proper maintenance or inspections (particularly, if the pipes are old or had burst before). 

If the damage was "unforeseeable" and outside the landlord’s control, liability may be limited or excluded. It is also important to check whether there is insurance coverage that might cover damages (such as household insurance or the landlord’s building insurance). 

In terms of evidence, photos, correspondence, repair reports, and receipts for damaged items are all helpful. Depending on the case, an expert opinion on the pipe's state and the cause of the accident might be necessary.

The exact timeline and procedure depend on whether the matter can be resolved amicably or needs to be pursued formally. If you would like, our firm can review the situation and advise you on the best way to proceed and your chances of recovery.