Get Your Security Deposit Back in Austria
As a tenant in Austria, getting your security deposit back often happens at the end of a tenancy. Many look for clear steps: which deadlines apply, which deductions are lawful, and how to document damages or outstanding claims properly. This guide explains how to request the deposit back on time, which documents are important, and when to consider formal letters or court action. Practical tips help avoid unnecessary disputes and resolve claims factually. The language is accessible and aimed at tenants without legal expertise so you can pursue your rights in Austria confidently and securely.
Your Rights and Deadlines
In many cases the Mietrechtsgesetz (MRG) governs claims related to the deposit and calculations of deductions [1]. As a tenant, you should know which deadlines apply and when a claim is enforceable. Request the deposit in writing and document the apartment condition at move-out with photos and receipts.
What deductions are possible?
- outstanding rent (rent) or operating costs
- necessary repairs (repair) beyond normal wear and tear
- missing receipts or invoices (evidence)
How to Request the Deposit
Send a formal payment request to the landlord, include bank details and set a clear deadline for repayment. In Austria there is no single statutory deadline; commonly 14 to 30 days after handover apply depending on agreement and circumstances [2]. If the landlord claims deductions, request an itemised statement and supporting documents.
Documents to prepare
- proof of deposit payment (receipt)
- move-out protocol and photos (evidence)
- correspondence with the landlord and receipts
FAQ
- How quickly must the landlord return the deposit?
- There is no single statutory deadline; in practice a period of 14 to 30 days after handover is often used, depending on agreement and circumstances.
- Can the landlord make arbitrary deductions?
- No, deductions must be justifiable and supported by documents or photos; normal wear and tear is usually not deductible.
- What if the landlord does not pay?
- Send a formal reminder with a reasonable deadline; if payment is not made, you can file a claim at the district court or contact dispute resolution services.
How-To
- Check your lease and note any agreed deadlines.
- Gather documents: deposit proof, repair bills and photos.
- Send a written payment request to the landlord with a clear deadline.
- If no agreement is reached, prepare a court claim at the district court.
Help and Support / Resources
- Mietrechtsgesetz (MRG) on RIS
- Information and contact at the Justice Service
- JustizOnline e-Forms and procedures
