Allowed Deposit Deductions for Tenants in Austria
As a tenant in Austria, it is important to know which deductions a landlord may take from the security deposit and which are not permitted. This article clearly explains when deductions for damage, outstanding operating costs or cleaning are justified, what proof landlords must provide and how you can enforce your rights. I describe practical steps for documentation at move‑in and move‑out, deadlines for repayment and how to handle communication with the landlord correctly. If you discover unjustified deductions, you will find guidance on claiming your money, mediation or legal action before the district court. The information is based on Austrian tenancy law and aims to give you clarity and the ability to act as a tenant.
What deductions are allowed from the deposit?
In general, a landlord may only deduct costs from the deposit that actually occurred and are provable. Relevant rules can be found in the Mietrechtsgesetz (MRG)[1] and in general contractual law.
- Repair of damage that goes beyond normal wear and tear.
- Outstanding operating costs or rent arrears, if proven.
- Missing or damaged keys, when replacement is necessary.
- Cleaning costs, but only for significant dirt and if agreed in the lease.
Landlords must justify and itemize deductions.
What evidence helps?
Careful documentation protects you: dated photos at move‑in and move‑out, a signed handover protocol and invoices for repairs are crucial. Without concrete evidence, blanket deductions are hard to uphold.
- Take photos and videos at move‑in and move‑out and date them.
- Create a handover protocol with meter readings and signatures.
- Collect invoices, estimates and payment receipts.
- Document and keep copies of all correspondence with the landlord.
Detailed documentation increases your chances of success in disputes.
Deadlines and repayment
There is no single nationwide statutory deadline for returning the deposit; repayment must, however, occur within a reasonable time. In many cases, deadlines and accounting modalities are shaped by contract or case law, and general contractual rules may apply[2].
Respond promptly to statements and observe deadlines.
What to do about unjustified deductions?
Proceed in stages: request a written breakdown, present evidence and offer an amicable settlement. If that fails, consider mediation or legal action before the district court[3].
- Set a written deadline for the landlord (e.g. 14–30 days) to repay the deposit.
- Gather evidence: photos, handover protocol and invoices.
- Send a written demand with a clear breakdown and deadline.
- If necessary, bring a claim at the competent district court.
Keep all original receipts until the matter is resolved.
Key takeaways
- Document the condition at move‑in and move‑out carefully.
- Act within reasonable deadlines and set formal time limits for responses.
- Collect proof; legal action is an available option if necessary.
FAQ
- Which damages may a landlord deduct from the deposit?
- Only damage that exceeds normal wear and tear and that the landlord can prove; ordinary wear is generally not deductible.
- Does the landlord have to return the full deposit?
- Generally yes, unless there are justified claims such as outstanding operating costs or provable damage; the landlord must itemize deductions.
- How long does the landlord have to return the deposit?
- There is no uniform statutory deadline; repayment should occur within a reasonable time, otherwise you should request payment in writing or consider legal steps.
How‑to
- Collect evidence: photos, handover protocol and invoices.
- Formally request a detailed breakdown and repayment from the landlord in writing.
- Consider mediation or conciliation as a low‑cost alternative to court.
- If unresolved, file a claim at the competent district court.
Help and Support / Resources
- Mietrechtsgesetz (MRG) in RIS
- Information on courts and procedures (Justiz)
- Court forms and JustizOnline
