Permitted Deposit Deductions for Tenants in Austria
Many tenants in Austria wonder when landlords may lawfully withhold parts of the security deposit. This article explains in plain language which deductions are allowed for damages, outstanding operating costs or necessary repairs, what evidence landlords must provide and which deadlines apply for repayment. You will learn the role of the Rent Act (MRG) and written handover protocols, how to collect evidence and which steps to take in a dispute — up to filing a claim at the district court. The text is aimed at tenants without legal background and provides practical tips, checklists and references to official forms so you can better protect your rights in Austria. At the end you will also find templates and key contacts for free advice.
When deductions are permitted
In principle, deductions are possible when there is a concrete damage or unpaid service. Landlords must prove the damage or the outstanding claim; flat-rate withholdings are not permitted. The legal basis is found in the Rent Act and general contract rules.[1]
Common permitted deductions
- Damage to walls or fixtures requiring repairs (repair).
- Outstanding operating costs or invoices that are documented (payment).
- Minor repairs if contractually agreed and reasonable (repair).
- Missing rent or utility charges documented by statements (rent).
- Lost keys or unreturned items when costs have been incurred (entry).
Which evidence matters
Documentation is crucial: handover protocols, dated photos, invoices and written statements. Request a detailed list of deductions and deadlines from the landlord. If a clear accounting is missing, ask for explanations in writing and present your own photo evidence.
Deadlines and repayment
There is no single statutory deadline that applies in every case; however, landlords must usually account and repay within a reasonable time after tenancy ends. If the landlord makes deductions, they must justify them; otherwise the tenant can object or file a claim within the legal deadlines. The district court is the first judicial instance for tenancy disputes.[2]
FAQ
- Can the landlord withhold the entire deposit?
- No. Withholding the entire deposit without detailed justification and proof is generally not permitted; individual claims must be documented.
- What deadline applies for deposit repayment?
- There is no uniform legal deadline; the landlord must, however, settle and repay within a reasonable time if no justified deductions exist.
- What if I disagree with the deductions?
- Request a written breakdown, collect evidence and consult the district court or free advisory services if necessary.
How-To
- Collect evidence: photos, handover protocols and invoices.
- Request a written itemization of the deductions from the landlord.
- If no agreement is reached, file a claim at the district court or seek legal advice.
- Use official channels for free advice and forms.
Key Takeaways
- Always keep written handover records and dated photos at move-in and move-out.
- Ask the landlord for a clear, traceable accounting of any deductions.
- Respond to claims within deadlines to preserve your rights.
