Deposit and Cleaning: Tenant Rights in Austria
As a tenant in Austria, questions about end-of-tenancy cleaning and the refund of the security deposit after moving out can quickly become stressful. In this text we explain clearly and practically how to file an objection or make a complaint, which deadlines apply and which evidence is important. You will learn which rights you have under the Tenancy Act and the General Civil Code, how to document defects and excessive cleaning claims and which steps are common in judicial clarification or mediation.[1] We also show how to meet deadlines, use contacts with conciliation bodies and, if necessary, prepare legal action before the district court. Read concrete action steps for handover, handover protocol, cost estimates for end cleaning and contesting charged deductions.
What to do in disputes over end cleaning and deposit
First, inform the landlord in writing and request a detailed breakdown of all deductions. Document damage and cleaning needs with photos and dates; keep invoices and estimates. If no agreement can be reached, tenant conciliation bodies or the district court can be contacted.[2]
Detailed documentation increases your chances of success in disputes.
Documentation: What to collect?
- Photos and videos of the apartment condition at handover and move-out.
- Handover protocol with date and signatures of both parties.
- Estimates or invoices for professional end cleaning.
- Correspondence and deadlines related to the refund of the deposit.
Respond within stated deadlines or you may lose rights.
How to file an objection?
- Inform the landlord in writing that you dispute deductions and request an itemised statement.
- Attach evidence (photos, protocol, invoices) and request a deadline for clarification.
- Use a conciliation body if necessary or submit a formal complaint.
- If no agreement is reached, prepare a lawsuit at the district court and present all documentation.[2]
FAQ
- Can the landlord withhold the deposit for end cleaning?
- Only if concrete costs are proven; flat-rate or excessive deductions can be contested. Check receipts and request a detailed invoice.[1]
- What deadlines apply for returning the deposit?
- There is no uniform national deadline under the Tenancy Act; however, a return is often expected within a few weeks. Set a reasonable written deadline for the landlord.
- Do I need a lawyer for the lawsuit?
- Not always; smaller claims can be handled at the district court without a lawyer, but legal advice helps with evidence gathering and wording.[2]
How-To
- Collect photos, videos, handover protocol and invoices.
- Send the landlord a formal email or registered letter with a deadline.
- Request detailed cost proofs for each deduction item.
- Contact a tenant advice service or conciliation body for support.
- If necessary, file a lawsuit at the district court and use JustizOnline forms.[3]
Help and Support / Resources
- [1] RIS - Legal Information System of the Republic of Austria
- [2] Justice - Information on Courts and Procedures
- [3] JustizOnline - Electronic Forms
