Proof and Evidence for Tenants in Austria
As a tenant in Austria, thorough documentation at move‑in and move‑out is often decisive when it comes to deposit disputes, repairs or possible legal proceedings. This guide explains in plain language which pieces of evidence are useful, how to properly collect photos, handover reports and witness statements, and which deadlines and legal routes to observe. It is aimed at tenants without legal training and offers practical steps for everyday situations such as rental defects, damage claims or returning the apartment. If you secure evidence early and follow simple formalities, you strengthen your position against landlords, property managers and courts in Austria.
Which types of evidence help?
Good evidence is clear, dated and verifiable. The following documents are particularly useful for move‑in and move‑out.
- Photos of damage or the condition of rooms, ideally with date and reference to the exact spot.
- Handover report at move‑in and move‑out, signed by both parties.
- Witness statements from neighbours or third parties who can confirm condition or appointments.
- Receipts for repairs, invoices or quotes from craftsmen.
- Measurement reports (e.g. humidity, temperature) or expert opinions for complex damage.
How to take photos and make reports correctly
Take photos of every room from several angles, close‑ups of damage and overview shots. Note date and time separately or keep device metadata. A handover report should list defects, meter readings and keys handed over and be signed by both sides. Keep originals and copies both digitally and physically. For significant damage, consider a short video showing sound and surroundings.
Witnesses, communication and forms
Witnesses can confirm observations; note name, contact details and a short statement of what they saw. Written communication (emails, SMS, WhatsApp) is important to document appointments and agreements. If your landlord ignores a defect notice, send a formal defect notification and keep proof of dispatch.
Deadlines and legal routes
Disputes have deadlines for reminders, setoffs or court actions; when unclear, seek legal advice or tenant association support. The district courts are often the first instance for civil tenancy disputes[1], and RIS provides the legal texts such as the MRG[2].
Practical examples
- For water damage: photograph immediately, secure invoices and dates.
- For missing key handover: create a report with a witness and handover date.
- For necessary repairs: set a deadline, report the defect and document missed deadlines.
FAQ
- Which photos are most important?
- Overview shots of each room plus close‑ups of defects, ideally with dates and comparison photos from move‑in.
- What belongs in a handover report?
- Meter readings, room condition, existing defects, key handover and signatures of both parties.
- Can a witness confirm in writing?
- Yes, a written witness statement with contact details is useful and can be submitted in a dispute.
How‑To
- Photos: Photograph every room and damage from multiple angles.
- Report: Create a handover report with date, meter readings and signatures.
- Witnesses: Ask witnesses for written confirmation with contact details.
- Secure: Save digital copies in two places and keep originals.
- Deadlines: Note deadlines for defect notifications and legal steps.
Key Takeaways
- Early documentation helps avoid disputes over deposits and damages.
- Signed handover reports are particularly persuasive.
Help and Support
- [1] RIS - Legal Information System of the Republic of Austria
- [2] Justiz.gv.at - Information about Courts
