Move-out Inspection Protocol: Tenant Rights Austria
When moving out, a common question is who pays for the move-out inspection protocol. As a tenant in Austria, you should know which costs are typical, when landlords or tenants pay, and what rights you have. This guide explains in plain language the general rules, how agreements in the lease affect cost allocation, and which documents to collect to prove you handed over the flat properly. We give practical steps for the handover, such as how to record photos and meter readings, and explain when legal action may be necessary. If a dispute arises, we briefly outline deadlines and when a district court may become involved.
What is a move-out inspection protocol?
An inspection protocol records the condition of rooms, meter readings and any defects at handover. It serves as evidence if later questions arise about damages or deductions from the deposit. A simple protocol can be created by the landlord or tenant in writing; in disputed cases an external expert opinion is sometimes commissioned.
Who pays when moving out?
As a rule, the party who commissions a service or orders an external expert bears the costs. Many simple inspection protocols are prepared without separate fees by the landlord or tenant. However, lease agreements can contain different rules, so check your rental contract carefully. Legal provisions on tenancy law can be found in the MRG.[1]
Practical steps before the inspection
- Check deadlines and arrange a handover appointment.
- Clarify the deposit and possible deductions and have receipts ready.
- Photograph damages and note defects precisely.
- Collect documents such as the lease, previous protocols and meter readings.
- Inform the landlord of the appointment in good time.
FAQ
- Who pays the move-out inspection protocol?
- Often the landlord bears the cost of a simple inspection protocol; for external expert reports or special services the commissioning party usually pays. Check the lease for different agreements.
- Can the landlord pass costs on to the tenants?
- Only if the lease explicitly provides for this or the tenant caused the costs by their actions; blanket allocations without agreement are problematic.
- What to do if the landlord refuses the protocol?
- Document the condition and defects yourself, collect evidence and point out deadlines; if necessary, the district court can be involved.[2]
How-To
- Arrange an appointment with the landlord and clarify the duration.
- Document the condition systematically room by room.
- Take photos of damages and meter readings.
- Note objections in the protocol or submit them in writing.
- Observe deadlines and keep evidence safe.
Help and Support
- RIS - Legal Information System of the Republic
- Justiz.gv.at - Information on Courts
- JustizOnline - Forms and e‑Services
