Move-Out Documents: Tenants in Austria
As a tenant in Austria, a complete move-out protocol is important to avoid disputes with the landlord and to recover security deposits. This guide explains which documents and receipts you should collect, how to reliably document damages and the condition of the apartment, and which deadlines apply for return and defect reporting. I show practical steps for preparing the handover, what to watch for in the joint protocol and which pieces of evidence are particularly helpful in disputes. The guidance follows Austrian rules and aims to give you clarity and confidence in taking action, without replacing legal advice. If possible, take dated photos and make a list of all key handovers; such documents are often crucial when it comes to deposit deductions.
What belongs in the move-out protocol?
The protocol should record the condition of the apartment, existing defects and the signatures of both parties. Always supplement the protocol with receipts and evidence so that the condition at handover is traceable later.
- Handover protocol with date and signatures of both parties
- Dated photos showing damages and the entire room
- Receipts for deposit payments and additional charges
- Documented key handover and the number of keys returned
- Invoices or cost estimates for carried out or necessary repairs
Preparation before the handover
Prepare the documents, check each room together with the landlord or property manager and note obvious defects. Arrange the appointment in writing or by e-mail so there is proof of the date.
- Carry out minor repairs and thorough cleaning if contractually required
- Create dated photos of each room and of identified damages
- Schedule the handover in good time and observe return or reporting deadlines
- Prepare all keys for handover and record meter readings
Procedure during the handover
At the appointment, walk through each room, note each defect in the protocol and attach photos if necessary. Agree on wording in the protocol and ensure signatures and dates are present. Record only objectively verifiable conditions in the protocol, not speculations.
Who should be present?
- Landlord or property manager as issuer of the protocol
- You as tenant or an authorized representative
- Possible witnesses or experts for disputed damages
Legal standards on rental obligations and defects are set out in Austrian law; consult the text of the Mietrechtsgesetz for details.[1] In disputes, the competent district court is often the first contact for filing claims.[2]
FAQ
- Which documents should I bring to the handover appointment?
- Bring the completed handover protocol, all keys, meter readings, receipts for repairs and dated photos.
- How do I properly document existing damages?
- Photograph damages with dates, describe the damage briefly in the protocol and have both parties sign the section relating to that item.
- What can I do if the landlord demands deductions from the deposit?
- Collect all receipts, photographic documentation and possibly witnesses; if there is disagreement, filing a claim at the district court may be considered and statutory provisions may apply.[2]
How-To
- Gather: Assemble all relevant documents, photos and receipts.
- Schedule: Arrange a written handover appointment with the landlord.
- Photos: Photograph every room from multiple angles and date the images.
- Keys: Count and hand over all keys and note this in the protocol.
- Protocol: Go through each point and record visible defects objectively.
- Store: Keep copies of the protocol, photos and receipts in a safe place.
Key Takeaways
- Documentation with dates and signatures protects against unjustified deductions.
- Photos and receipts are often decisive evidence in disputes.
- Observe deadlines and arrange appointments in writing.
Help and Support / Resources
- RIS - Legal Information System of the Austrian Federal Government
- Justice Austria - Courts and legal information
- JustizOnline - forms and e-services
