Evidence at Move-In/Out: Photos & Witnesses in Austria
As a tenant in Austria, it is important to document thoroughly when moving in and out. Photos, a detailed handover protocol, meter readings and, if possible, independent witnesses protect your rights in later disputes. This guide explains which documents are useful, how to take photos correctly, which details must not be missing from the protocol and how to formally involve witnesses. It also describes practical steps for deadlines, copies and safe storage as well as tips for handling landlord communication. Relevant legal bases include the Tenancy Law (MRG) and the General Civil Code; official texts are available in the Federal Legal Information System.[1] Official forms and e-government services are offered on JustizOnline.[2] When a conflict arises, clean evidence often helps resolve matters faster than long discussions.
Which documents should tenants collect?
Strong evidence combines several document types: photos, written protocols, meter readings, witness statements, key handovers and written communication. Collect digital and physical copies and note date, time and meter values.
- Photos (photo) of damage, walls, floors and appliances with date and scale
- Handover protocol (document) with signatures of tenant and landlord
- Meter readings & receipts (receipt) for electricity, gas and water
- Witnesses to confirm condition and handover (evidence)
- Document key handover (keys): quantity, date and recipient
- Keep written communication (notice) by e-mail or registered mail
Detailed documentation increases your chances in disputes.
FAQ
- Do I always need witnesses at move-out?
- No. Witnesses are helpful but not compulsory. If possible, ask a neutral person to confirm the condition, especially for disputed damage.
- Which photos are most important?
- Take overall views and close-ups of damage, including a scale (e.g. ruler) and a photo of the meter reading. A date stamp or a dated note in the picture is useful.
- How long should I keep documents?
- Keep handover protocols, photos and communication copies at least as long as statutory limitation periods apply or until the matter is finally resolved.
How-To
- Take photos systematically: room by room, wide and close shots.
- Create the handover protocol: describe condition, list defects and have both parties sign.
- Note and photograph meter readings, record names and dates.
- Name witnesses or obtain witness signatures, ideally with contact details.
- Send copies by e-mail and registered mail to have proof of delivery.
- Observe deadlines: respond within set deadlines to complaints.
Respond promptly to formal letters and meet deadlines.
Key Takeaways
- Careful photos and a signed protocol are often decisive.
- Always document key handovers and meter readings in writing.
- Keep electronic and physical copies separately.
Help and Support / Resources
- RIS - Federal Legal Information System
- justiz.gv.at - Court procedure information
- JustizOnline - E-forms and e-services