Claiming Security Deposit for Tenants in Austria
As a tenant in Austria it is important to know when and how the security deposit must be repaid. Many disputes arise when landlords miss deadlines, do not justify deductions or do not manage deposit accounts properly. This article clearly explains the relevant legal deadlines, which proofs you should collect, how to formally demand repayment and which steps are possible in case of delays or unjustified deductions. I describe practical templates for letters to the landlord, how to document receipts and photos and when going to the district court may be sensible. The goal is to give you as a tenant in Austria clear, actionable steps so that you receive your deposit back promptly and securely.
When must the deposit be repaid?
There is no single day when the deposit is automatically transferred; in practice the landlord must prepare the settlement after the tenancy ends and arrange repayment. Watch for reasonable deadlines and request a written settlement, especially if deductions are planned.[1]
How to demand the deposit back?
Proceed in a structured way: document defects and handover records, demand repayment in writing with a deadline and keep all receipts. If the landlord does not respond, the next steps become more formal.
- Formal request to the landlord with a clear deadline (e.g. 14 days) and bank details.
- Collect evidence: handover protocol, photos, invoices for repairs and bank statements.
- Check which deductions are permissible and request a detailed breakdown.
- If the landlord does not pay: consider filing a claim at the competent district court.
If you need template letters, use clear, factual language, date the letter and send it preferably by registered mail or with proof of receipt. If in doubt, legal advice can help before involving a court.[2]
FAQ
- How long can the landlord retain the deposit?
- The landlord may retain the deposit as long as he is verifying legitimate claims from the tenancy; an unreasonably long retention should be protested in writing and possibly legally reviewed.[1]
- Can the landlord withhold money without an itemized settlement?
- No, the landlord should justify deductions and provide evidence. Claims without proof should be disputed and you should request copies of all relevant documents.
- When is going to court sensible?
- If the landlord does not pay despite a deadline or does not plausibly explain deductions, filing a claim at the district court may be the next option.
How-To
- Check the handover protocol and collect photos of the apartment condition.
- Write a formal repayment request with a deadline and bank details.
- Send the letter by registered mail and keep the proof of sending.
- If the landlord does not respond, prepare documents for a claim at the district court.
Help and Support
- [1] RIS - Federal Law (Mietrechtsgesetz)
- [2] Justice - Information on Court Procedures
- [3] JustizOnline - Forms and e-Services
