Collecting Evidence as a Tenant in Austria
As a tenant in Austria you may face situations where evidence matters: damage photos, handover protocols or witness statements. This text explains how to take photos correctly, keep a clear record and document witness statements so your rights in tenancy disputes are easier to enforce. We describe deadlines, secure storage of evidence and practical steps for talks with the landlord or preparation for court. The tips are practical so you can start collecting and securing evidence right away. Read the step-by-step section below and collect records systematically, including date, time, location and possible witness details to strengthen your position.
Evidence: What belongs to it?
Good evidence is clearly dated, verifiable and stored in multiple ways. Important items are photos, written protocols, messages and receipts, and witness statements.
- Take photos (photos) and secure timestamps.
- Create a handover protocol (record): date, time, meter readings, defects.
- Note witnesses (witnesses): names, contact and short statement.
- Keep messages and receipts (receipt) as proof of payment and repairs.
Detailed documentation increases your chances of success in disputes.
How to document correctly?
Photos
Photos are often the strongest evidence. Use overview and detail shots and clear indications of date and place.
- Take wide-angle and detail shots (photos) from multiple perspectives.
- Note date and time in the file name or include visible reference points in the photo.
Take photos immediately before anything is changed.
Protocol
A protocol should be short and factual. Note place, date, time, participants, visible defects and, if applicable, meter readings.
- Short factual description (record) with place, date, time and signatures.
- For apartment handovers use the official handover protocol: More on handover procedures.
Rights and deadlines
As a tenant in Austria there are specific rules, including the Mietrechtsgesetz (MRG)[1]. For formal steps such as lawsuits or terminations you must observe deadlines and present evidence in order. Many courts use JustizOnline[2] for procedures and online forms.
Respond to formal letters in time to avoid losing deadlines.
Frequently Asked Questions
- Which types of evidence help in tenancy disputes?
- Photos, handover protocols, messages, receipts and written witness statements are helpful.
- How long should I keep evidence?
- Keep evidence for at least the duration of relevant deadlines and preferably longer; in disputed cases retain until resolved.
- Can I use photos in court?
- Yes, photos are admissible; it is important they are dated plausibly and presented unchanged.
How-To
- Take photos (photos) immediately of damages from different angles.
- Create a short protocol (record) with date, time, place and signature.
- Record witnesses (witnesses) with contact details and brief statements.
- Save messages, emails and receipts (receipt) electronically and on paper.
- If unsure, contact advisory services or consider legal steps.
Help and Support
- Mietrechtsgesetz (MRG) - RIS
- Information from the judiciary about courts and procedures
- JustizOnline: Forms and e-services
