Can Landlords Deduct from the Security Deposit in Austria?

As a tenant in Austria you may often wonder when a landlord can deduct from the security deposit. This article explains plainly which reasons are permissible, which deadlines to watch, and the role of handover reports, invoices and photos. It also explains how to check legitimate deductions, challenge unjustified claims and the steps to reclaim funds. The goal is practical support: including evidence preservation tips, written communication with the landlord and court options if the issue cannot be resolved amicably. The explanations refer to applicable Austrian law and common residential tenancy situations. I list concrete wording and deadlines further below.

Which deductions are permissible?

In principle, landlords may only make deductions from the deposit that cover actual costs for damages or outstanding payments. Legal bases include the Mietrechtsgesetz (MRG) and the Allgemeines Bürgerliches Gesetzbuch (ABGB).^[1]

• Outstanding rent or utility charges that can be proven.
• Repairs for damage beyond normal wear and tear, provided there are cost receipts.
• Agreed cleaning costs if stated in the contract or if final cleaning is proven necessary.
• Costs for unreturned keys or missing inventory when tenant responsibility is established.

How is the accounting done and what evidence helps?

A clear accounting lists items, dates and receipts. Handover reports at move‑in and move‑out, dated photos and original invoices or quotes are crucial if a dispute arises. For disagreements, the district court is often competent; inform yourself about procedures and deadlines.^[2]

• Handover report signed by both parties.
• Photos with timestamps and comparison photos from move‑in.
• Invoices or quotes for repairs.
• Written correspondence (emails, letters) showing claims and replies.

What to do about unjust deductions?

Review the accounting in writing and request a detailed breakdown with receipts. Set a reasonable deadline for response and document everything. Respond calmly and within deadlines before considering court action.

• Write to the landlord and request all supporting documents.
• Attempt an amicable resolution by phone and confirm any agreement by email.
• Collect evidence and note witnesses if available.
• If necessary, file a claim at the district court.

Häufige Fragen

When can the landlord deduct from the deposit?

The landlord may deduct when concrete, provable claims exist, such as unpaid rent or damages caused by the tenant.

How long does the landlord have to account for the deposit?

There is no single statutory deadline; in practice several months are often mentioned. Check your lease and seek legal advice if uncertain.

What can I do if deductions seem unjustified?

Request receipts, document your case in writing and consider court action if you cannot reach an agreement.

How-To

1. Check the handover report and gather photos showing the move‑out condition.
2. Formally request a complete accounting with supporting documents.
3. Hold a clarifying conversation and confirm any agreements by email.
4. Secure all invoices, quotes and witness statements.
5. If needed, file a claim at the district court; online forms may be available via JustizOnline.^[3]

Help and Support / Resources

• RIS – Legal texts and the MRG
• justiz.gv.at – Information on courts
• JustizOnline – e‑forms and submissions

1. [1] RIS – Rechtsinformationssystem des Bundes
2. [2] justiz.gv.at – Federal Ministry of Justice
3. [3] JustizOnline – Electronic Forms