Key Loss and Deposit: Tenant Rights Austria
As a tenant in Austria, a lost key can quickly lead to uncertainty and disputes over the security deposit. This article explains in plain language what rights you have, which deadlines apply and when landlords may make deductions from the deposit. You will learn how to document damage and costs, which evidence counts in court and how to respond to an unjustified withholding. Practical steps show when you must pay, when the landlord is responsible and how to prepare a claim for your deposit. The guidance refers to applicable tenancy law and shows how to pursue your case calmly and within deadlines.
Rights for Key Loss and Deposit
If a key is lost, two questions often arise: who bears the cost of replacing locks or cylinders, and what consequences does this have for the deposit? Generally: costs may only be deducted from the deposit if they are necessary, provable and reasonable. Special rules are found in the Mietrechtsgesetz (MRG).[1]
Deposit: Deadlines, Deductions, Refunds
- Deposit: Refund usually within 4–6 weeks after tenancy ends.
- Deadlines (within): Landlords should justify and document deductions promptly.
- Evidence (photos, document): Photos, invoices and an inspection report help enforce claims.
If the landlord makes deductions, they must explain and prove the amounts. Without evidence, retained funds are often contestable. Keep all receipts for tradespeople and key orders.
Key Loss: Responsibility and Costs
Who pays for new locks? If the tenant lost the key (e.g., through negligence), replacement costs can be charged if necessary. For security-relevant incidents or if multiple keys exist, a full cylinder replacement may be required. Note the date and circumstances, obtain cost estimates and request a written statement from the landlord.[1]
FAQ
- Do I have to pay for lost keys?
- If you lost the key and no special circumstances apply, the landlord may require payment for replacement if it is necessary and reasonable. Estimates and invoices are important.
- How quickly must the deposit be returned?
- In practice, a refund is often expected within 4–6 weeks after handover, provided there are no disputed deductions.[1]
- What can I do if the deposit is withheld?
- Request the refund in writing and set deadlines. If no agreement is reached, a claim at the competent district court is possible; see justice information for procedures and deadlines.[2]
How-To
- Document (photos): Take photos immediately and collect invoices and inspection reports.
- Send written request (submit): Send a formal refund request to the landlord with a clear deadline.
- Set a deadline (within): Give the landlord a reasonable deadline, e.g., 14 days, to refund.
- Take legal action (court): If necessary, prepare a claim at the district court and use available forms.
Key Takeaways
- Keep full records of the deposit and handover documentation.
- Act promptly and set clear deadlines for refunds.
- The district court is the last resort for disputed deposits.
Help and Support
- [1] RIS - Legislation and the MRG
- [2] Justice - Information on court procedures
- [3] JustizOnline - Forms and e‑services
