Gathering Evidence: Tenant Rights in Austria
As a tenant in Austria, it is important to systematically secure evidence so you are prepared for defects, repair delays, evictions or deposit disputes. This guide explains in clear language which photos, written records and witness statements are useful, how to document meter readings and correspondence, and which deadlines to observe. The steps are practical and aligned with procedures before authorities and courts without complicated legal terms. This helps you act confidently regarding repair requests, defect notices or move-out inspections and increases your chances of asserting claims or proving damage.
Why evidence matters
Evidence helps establish the condition and timing of damages or defects. Well-documented photos, a written record and reliable witness statements reduce the risk of disputes and simplify proceedings before district court or arbitration bodies [1]. Note date, time and circumstances immediately so later differences can be explained.
What evidence to collect
- Photos (photo): Multiple clear shots from different angles, close-ups of affected areas and an overview, preferably showing the date.
- Written record (record): Handover or defect protocol with date, description and signatures, if possible together with the landlord.
- Witness statements (evidence): Names, contact details and short written statements from neighbors or contractors who can confirm time and circumstances.
- Messages and emails (document): SMS, emails and chat histories with timestamps as proof of written agreements.
- Meter readings documentation (record): Photos of meter displays with date or logging the numbers at move-in and move-out.
- Repair receipts (repair): Invoices and payment receipts for commissioned or approved work should be kept.
How to store evidence properly
Save digital photos in a secure folder and create backups. Name files with dates in the filename (e.g. 2025-09-01-mold-kitchen.jpg) and keep a short damage diary. Scan or photograph paper receipts and store electronic copies in a safe location.
How-To
- Photograph (photo): Take multiple photos immediately with date and, if possible, a scale or object for size reference.
- Record (record): Create a short written record with date, time and precise description of the defect and save it as a file.
- Collect witnesses (evidence): Record names and contact details of witnesses and collect short written statements.
- Observe deadlines (within): Respond to notices and deadlines within the given timeframes to protect your rights [2].
- Submit forms (file): Submit required letters or applications to the competent authority or via JustizOnline.
FAQ
- Which photos are meaningful?
- Clear, dated close-ups and overview shots of the damage, ideally with an object or ruler for size reference.
- Are digital copies acceptable as evidence?
- Yes, digital copies with metadata or visible date are admissible; secure backups and original files.
- How do I document meter readings correctly?
- Photograph the meter with date, record the number in the protocol and compare at move-in and move-out.
