Get Your Deposit Back: Tenants in Austria

What matters for the security deposit?

The security deposit serves as collateral for the landlord. In Austria the Mietrechtsgesetz (MRG) primarily regulates rights and obligations regarding deposits^[1]. It is common to have deposit accounts or escrow arrangements; clarify in the handover protocol how the deposit is managed.

• Create a handover protocol: Record defects and meter readings immediately when moving out.
• Collect evidence: Keep receipts, photos and invoices as proof.
• Clarify the deposit account (deposit): Check whether the deposit was held separately.

Deadlines and procedure

There is no single statutory repayment deadline in all cases; often the deposit becomes due after the end date and after final accounting within a reasonable period. Check deadlines in the lease and request repayment in writing. If payment does not occur, proceedings before the district court may be necessary^[2].

Possible deductions and burden of proof

The landlord may only make deductions for costs actually incurred, for example for unrepaired damage or outstanding operating costs. Blanket or unfounded deductions are not permitted. Tenants should check the accuracy of the accounting and file a written objection if anything is unclear.

• Check repairs: Only necessary and documented repairs are deductible.
• Provide photos: Document the condition at move-out to refute excessive claims.
• File an objection (form): Request a detailed statement and submit a written dispute.

Template letters and practical steps

A clear written demand letter increases the chance of prompt repayment. State in the letter: bank account for repayment, a deadline (e.g. 14 days), and a request for a detailed statement. Keep proof of delivery.

1. Send a demand letter (deadline): Set a deadline and include proof.
2. Contact the landlord: Follow up by email or phone, but always document in writing.
3. Consider court action: Gather evidence in case a lawsuit becomes necessary.

Frequently Asked Questions

When must the landlord return the deposit?

Repayment is due once the accounting can be completed and there are no legitimate claims; exact deadlines depend on the circumstances.

What deductions are permitted?

Only costs actually incurred for damage or unpaid operating costs may be deducted; normal wear and tear is not deductible.

What if the landlord does not pay?

Send a written reminder, set a deadline and consider legal action if payment is not made, for example a claim at the district court.

How-To

1. Check all deadlines and contractual agreements.
2. Collect evidence, photos and the handover protocol.
3. Write a clear demand letter with a deadline.
4. Consider court proceedings and contact advice if needed.

Key Takeaways

• Documentation is essential to enforce your claims.
• Set clear deadlines in the demand letter.
• Keep all statements and payment receipts.

Help and Support

• Forms and legal texts (RIS)
• Court procedures and e-forms (JustizOnline)
• Information on courts and jurisdictions (Justice)

1. [1] RIS - Mietrechtsgesetz (MRG)
2. [2] Justice - Information on courts and procedures