Lost Keys & Deposit: Tenant Rights in Austria
As a tenant in Austria, a lost key can quickly lead to uncertainty and costs. This article explains in plain language what duties you and the landlord have, how the deposit is handled, and which deadlines and evidence measures are important. You will learn when the landlord may request replacement keys or change locks, which deductions from the deposit are lawful and how to enforce your claims against unjustified demands. The practical guidance shows step by step which documents, photos and communications are useful, which authorities or courts may be competent and how to protect your rights in a dispute. Practical checklists and notes on official forms complete the overview.
What applies in case of lost keys?
A lost key can have different consequences: from a simple key replacement to changing the entire locking system. It is important to distinguish whether the loss was due to the tenant's fault or not; that affects who bears the costs. In legal disputes in Austria, district courts are typically competent and legal steps are possible.[2]
Tenant obligations
- Inform the landlord in writing immediately (contact).
- Obtain a replacement key or arrange a lock change (keys) only if necessary.
- Bear costs if you acted culpably (deposit, fee).
Landlord obligations
- Take only necessary measures; changing the locking system must be justified.
- Deductions from the deposit are only permitted for provable damages (deposit).
- Provide written invoices and receipts.
Deposit and settlement
The deposit serves as security for damages and outstanding claims. Under the Mietrechtsgesetz (MRG), settlements must be transparent and deductions justified. Check the invoice and request receipts before agreeing.[1]
- Replacement for lost or unreturned keys (deposit).
- Repair costs for proven damages (deposit, fee).
- Cleaning costs only for abnormal soiling.
FAQ
- Who pays to replace the lock after a lost key?
- If the tenant acted culpably, they may be obliged to pay. Otherwise the landlord bears the costs.
- Can the landlord withhold the deposit for lost keys?
- Yes, if a damage is proven; however, the landlord must provide receipts.
- What deadlines apply for deposit refund?
- There is no uniform deadline under the MRG; settlement should be made promptly, otherwise you can take legal action. [1]
How-To
- Notify the landlord in writing immediately (contact).
- Secure photos, witnesses and evidence (evidence).
- Discuss replacement or lock change and request cost estimates.
- Check the settlement and request receipts before accepting deductions (deposit).
Key Takeaways
- Acting quickly reduces the risk of costs.
- Documentation with photos and letters is essential.
- Deposits may only be used for proven damages.
