Evidence for Tenants at Handover in Austria

As a tenant in Austria, it is important to document clearly during the handover so that objections or complaints can succeed later. Photos, handover reports and witness statements help to prove condition defects, meter readings, or missing keys. This article explains step by step which types of evidence are useful, how to store them securely, and how to use them in an objection to the landlord or in court. The guidance takes into account common deadlines and formal requirements in Austria and is written to be practical even without legal expertise. At the end you will find a how-to guide and official contact points for forms and legal information.

What counts as evidence at the handover?

At move-in and move-out several types of evidence are useful: photos of condition, a signed handover report, written communication with the landlord and witness statements. The Mietrechtsgesetz governs many rights and duties that are relevant here.^[1]

• Photos and videos of the condition of rooms, walls, floors and appliances.
• A detailed handover report with date, time and signatures.
• Written correspondence (emails, SMS, letters) about defects or agreements.
• Statements from witnesses who were present at the handover.
• Meter readings, key handover and return receipts.

How to document correctly

Photos and videos

Take photos from multiple angles, date the files or note the date and time in the file name. For visible damage, take overview and close-up shots.

Report & signatures

Complete a handover report and have it signed by both parties. Note any divergent agreements in writing and keep a copy.

Witnesses and written communication

Record names and contact details of witnesses who can confirm the condition. Save all messages chronologically and secure emails as PDFs.

Objection and complaint: steps

1. Gather all evidence in one place: photos, report, witness list and correspondence.
2. Draft a written objection to the landlord with a clear demand and a deadline.
3. Contact tenant advice or legal advice if necessary before proceeding further.
4. If no agreement is reached, the matter can be brought before the competent district court.^[2]
5. Use official forms and electronic filing via JustizOnline if required.^[3]

FAQ

What must a handover report contain?

Date, time, precise condition descriptions, meter readings, key handover and signatures of both parties.

How long do I have to file an objection?

Deadlines vary; act as soon as possible and observe contractual and legal deadlines in Austria.

Can I use photos in court?

Yes, well-dated and supplemented photos serve as evidence, especially when supported by a report and witnesses.

How-To

1. Photograph all relevant rooms and damages from multiple perspectives.
2. Create a written handover report and have it signed.
3. Note witnesses and secure their contact details.
4. Store all messages, invoices and receipts in an organized file.
5. Send a formal objection to the landlord and set a reasonable deadline.

Help and Support

• [1] RIS: Legal database (e.g., MRG)
• [2] Justice: Court and procedure information
• [3] JustizOnline: Forms and electronic filing

1. [1] RIS: Mietrechtsgesetz (MRG)
2. [2] Justiz: Bezirksgerichte und Verfahrensinformationen
3. [3] JustizOnline: Formulare und elektronische Einreichung