Allowable Deposit Deductions for Tenants in Austria
Many tenants in Austria are unsure which deductions from the security deposit are permissible and how to get their money back. This article explains in plain language which costs a landlord may deduct, which receipts are needed and which deadlines apply. I describe common mistakes with handover reports, documenting damage and communicating with landlords. You will also learn how a deposit account works, the role of photos and invoices and when legal steps make sense. The aim is to give you, as a tenant, practical steps so you understand your rights, avoid disputes or enforce them effectively if necessary.
What may be deducted?
In general, landlords may deduct legitimate claims such as unpaid rent, operating costs or tenant-caused damages from the deposit. The specific legal situation is governed among other things by the Tenancy Act and general contract rules.[1]
- Unpaid rent or outstanding operating costs, if they can be proven.
- Repair costs for damage that go beyond normal wear and tear, supported by verified invoices.
- Final cleaning only if contractually agreed and reasonably documented.
- Costs must be documented by receipts, invoices or a complete handover record.
Not every sign of wear entitles the landlord to a deduction from the deposit.
Common mistakes with deposit deductions
Many disputes arise from missing documentation or unclear claims. These mistakes cause tenants to lose money unnecessarily or landlords to make unjustified deductions.
- No handover report or incomplete reports without photos and signatures.
- Photos are missing or undated, so the condition cannot be verified.
- Landlords calculate lump sums without presenting concrete invoices.
- Deadlines for repayment or objections are not observed.
Keep handover reports and all invoices until the deposit has been fully settled.
What you should do as a tenant
Secure evidence, request a written statement and keep receipts. Use a deposit account if agreed, and respond promptly to unclear claims; in case of dispute the district court may have jurisdiction.[2]
Documentation
- Take dated photos of the apartment condition at move-in and move-out.
- Collect invoices, receipts and email correspondence with the landlord.
- Keep a handover record signed by both parties.
Keep invoices and photos at least until the final deposit accounting is complete.
Deadlines and letters
Set a clear deadline for the landlord to provide an accounting and repayment. Send requests by registered mail or email with read confirmation and keep proof of delivery.
FAQ
- When must the deposit be returned?
- There is no uniform statutory deadline; it is common to return the deposit within a few weeks up to three months after handover, depending on accounting needs.
- Can the landlord withhold a lump sum?
- No, every claim must be specifically justified and preferably supported by an invoice or other evidence.
- What helps if the landlord does not respond?
- Document your claims in writing and examine the possibility of enforcing the claim in court or using a conciliation body.
How-To
- Document the apartment condition with dated photos and a signed handover report.
- Set a written deadline for the landlord to account for and repay the deposit.
- Request detailed invoices for any deducted amounts.
- If necessary, file a claim with the competent district court.
Help and Support
- RIS – Legal Information System of the Republic
- Justiz.gv.at – Court Information
- JustizOnline – Forms and e‑Services
