Move-in Report with Photos: Tenant Rights Austria
When moving into a rental in Austria, a careful move-in report with photos protects tenants from later disputes. This report documents the condition at move-in or move-out, visible defects and existing damage, and helps support claims for repairs, rent reductions or deposit refunds. The text explains which photos are useful, which wording in the report matters, which deadlines to observe and how to store evidence securely. You will also find practical steps for communication with the landlord and advice on when legal consultation or involving the district court may be sensible.
What belongs in the move-in report?
A good report clearly describes the condition of the rooms and lists defects concretely. Ideally you supplement the report with dated photos and exact information on meters, installations and visible damages. Note date, time and who was present, and have the report signed by both parties.
- Photos (photo): Interior views, close-ups of defects and overall room shots.
- Defects/damage (repair): Briefly and precisely describe location, extent and possible causes.
- Evidence and documents (evidence): Meter readings, key handover, existing invoices or maintenance reports.
- Date and time (time): Record the time of recording and duration of the handover.
- Signatures (form): Confirmation by tenant and landlord.
How to take photos and prepare the report
Take high-resolution photos, include the date in the file name (e.g. 2025-09-01-kitchen.jpg) and create short captions in the report. Pay attention to lighting and photograph reference points in the room so that the location of a defect is clearly identifiable later.
Deadlines, storage and legal notes
Keep the report and photos until deposit issues or warranty claims are resolved. For serious defects, inform the landlord in writing without delay and, if necessary, set deadlines for remediation. The legal framework is mainly the Mietrechtsgesetz (MRG)[1]. In disputes about terminations or evictions the district court may have jurisdiction[2].
Practical steps for defects or lack of response
- Step 1: Create photos and the report and make copies.
- Step 2: Inform the landlord in writing and set a deadline for remedy.
- Step 3: Deadline passes without response → contact legal advice or mediation services.
When legal action makes sense
If a landlord does not react to documented defects and your living quality or safety is affected, a rent reduction or court enforcement may be necessary. Check written reminders, deadlines and gather all evidence. Official forms and electronic filings are available via JustizOnline for court submissions[3].
FAQ
- Is a move-in report legally required?
- No, there is generally no statutory obligation to create a report, but it is highly recommended to clarify evidentiary situations.
- Are photos alone sufficient as evidence?
- Photos are strong evidence but should be supplemented by a dated report, witness statements or invoices to hold up in court.
- What if the landlord signs but later disputes defects?
- Keep copies of the report and photos, document further communication in writing and seek legal advice if necessary.
How-To
- Take systematic photos of each room (photo).
- Complete the move-in report and note all defects (form).
- Have the report signed by both parties if possible.
- Store files with dates and keep backups (evidence).
- If there is no response, set deadlines and consider legal steps (court).
