Deposit & Damage: Tenant Rights in Austria

As a tenant in Austria, it is important to know when a landlord may deduct damage from the security deposit and what rights you have in the event of damage. This article explains in clear terms which types of damage are covered, which evidence is helpful, and which deadlines and steps apply for reclaiming or disputing deductions. You will receive practical advice on documenting defects at move-in and move-out, communicating with the landlord, and submitting receipts. The aim is to give you clear actions so you can avoid deposit disputes or resolve them properly without unnecessary costs or delays. For larger disputes we show how to prepare court steps at the district court, which forms are needed and when legal advice is useful.

What counts as damage?

Damage exists when the condition of the apartment goes beyond normal wear and tear. Typical examples include holes caused by improper use, destroyed fixtures or water and fire damage. The concrete assessment depends on the case; legal provisions and rulings can provide guidance.^[1]

• Damaged doors, windows or hinges (repair).
• Burned floors, deep scratches or broken tiles (repair).
• Missing keys or lost remotes (document).

Normal wear vs. damage

Normal wear results from proper use and is generally not deductible from the deposit. Examples are light signs of use on floors or faded wallpaper. In disputed cases, comparing the handover protocol and photos helps distinguish normal wear from chargeable damage.

Practical steps in a deposit dispute

Follow a clear order to improve your chances of recovering the full deposit.

1. Collect evidence: photos, handover protocols, repair invoices and correspondence (evidence).
2. Complain in writing: request an itemized statement of deductions and set a deadline for repayment (notice).
3. Seek contact: speak with the landlord or property manager and offer an amicable solution (contact).
4. Court steps: if no agreement is reached, you can sue at the district court; check deadlines and forms in advance (court).^[2]

Frequently Asked Questions

1. Can the landlord simply keep the deposit?

No. Deductions must be justified and evidenced; mere assumptions are not sufficient.

2. What deadline does the landlord have to account?

There is no uniform statutory repayment deadline, but a prompt and transparent accounting is expected; legal action may be necessary in disputes.^[1]

3. What helps in court?

Good documentation, handover protocols and photos are decisive; receipts and witnesses are important if needed.

How-To

1. Step 1: Collect evidence immediately at move-out: photos and the handover protocol (evidence).
2. Step 2: Claim in writing: request an itemized statement of deductions and set a deadline (notice).
3. Step 3: Seek amicable settlement by conversation or mediation (contact).
4. Step 4: File a claim at the district court if necessary and present all evidence (court).^[2]

Help and Support / Resources

• RIS for tenancy law provisions (contact): ris.bka.gv.at
• Court and procedure information (contact): justiz.gv.at
• Electronic forms and filings (contact): justizonline.gv.at

1. [1] RIS: Mietrechtsgesetz (MRG)
2. [2] Justiz: Bezirksgerichte und Zuständigkeiten
3. [3] JustizOnline: Formulare und Einreichungen