Evidence & Witnesses for Tenants in Austria
As a tenant in Austria, securing evidence and witnesses correctly can be decisive—especially with unrepaired damage, tenancy defects, eviction disputes or claims for reimbursement. This guide explains in plain language which documents are useful, how to collect photos, messages and witness statements, and which deadlines to watch. We show simple steps to gather evidence, how to document conversations and when to report to authorities or use the courts. The aim is to give practical advice so you can effectively protect your tenant rights in Austria without assuming legal expertise. The tips are general and help to organize evidence, meet deadlines and be prepared for discussions with the landlord or court proceedings.
Secure evidence and prepare witnesses
Documentation is often the strongest tool: photos with dates, emails, SMS, invoices and handover records show condition and requests for repair. Keep files clear: save documents with date and a short description. Make timely notes about what was discussed and who was present.
Practical steps
- Take dated photos of damage with context.
- Keep a short log with date and time for calls and inspections.
- Save important emails and messages and export them as PDF.
- Record witness contacts with name, phone and a brief statement.
- Collect invoices and estimates for repairs.
Rights, deadlines and formal steps
As a tenant you have certain rights under the Mietrechtsgesetz; deadlines for reporting defects or contesting terminations are important and should be observed [1]. If you report serious defects or seek reimbursement, check written notices and the option to use JustizOnline forms [2].
- Report defects promptly in writing and record the date.
- Check deadlines to contest termination or formal demands.
- Prepare documents for the district court if escalation is needed.
- Seek legal advice if an unlawful eviction is threatened.
FAQ
- Can I use witness notes as a tenant?
- Yes. Written witness notes that include date, place and observation are useful, especially when several people confirm the same situation.
- How do I submit evidence to court?
- Evidence should be organized chronologically; electronic files as PDFs, photos with dates and written witness statements are common. Forms can be submitted via JustizOnline [2].
- How long should I keep evidence?
- Keep evidence as long as the dispute is relevant; for termination or reimbursement issues, retention until final resolution or statute of limitations expiry is recommended.
How-To
- Collect photos, messages and invoices immediately with dates.
- Maintain an event log with date, time and involved persons.
- Ask witnesses for a brief written confirmation of their observation.
- Organize documents chronologically and create a contents overview.
- If necessary, file documents with the district court or use JustizOnline forms.
