Permitted Deposit Deductions for Tenants in Austria
Many tenants in Austria wonder which deductions from the security deposit are legally permitted and how they can protect their rights. This text explains clearly and understandably when landlords may deduct costs from the deposit, which evidence tenants should collect, and what deadlines apply. You will receive concrete steps for documenting handover protocols, communicating with the landlord, and initiating legal action if necessary. The goal is that you as a tenant can best protect your deposit and avoid unjustified deductions.
What may be deducted from the deposit?
In principle, the deposit in Austria may only be used for actually incurred claims arising from the tenancy. Typical permissible deductions are unpaid rent, proven repair costs for excessive damage, and outstanding operating costs. Normal wear and tear is generally not deductible. Courts refer to the Mietrechtsgesetz (MRG) and general civil law rules for legal basis.[1]
Which receipts and evidence help tenants?
Good documentation increases your chances of preventing unjustified deductions. Photograph the apartment on move-in and move-out, keep receipts for repairs, and create a handover protocol with date and signatures.
- Take dated photos at move-in and move-out.
- Have the handover protocol signed by tenant and landlord.
- Keep receipts for payments and repair invoices.
Deadlines and return of the deposit
There is no uniform statutory return period for all cases; rather it depends on the circumstances. The landlord should refund the deposit promptly after termination of the tenancy and after clarifying outstanding claims. If the landlord requests time to calculate, they should justify it and not delay without reason.
What to do in case of dispute over deductions?
First try to resolve the issue by discussion and request a detailed statement with invoices. If that does not help, you can contact mediation bodies or file a lawsuit at the competent district court. Forms and online services for court filings are available via JustizOnline.[2]
Practical checklist before the handover
- Arrange the handover appointment in good time.
- Photograph all rooms and document defects.
- Prove minor damages and, if possible, fix them before handover.
- Record and receipt the key handover.
Help and Support
- [1] RIS — Mietrechtsgesetz (MRG) text
- [2] JustizOnline — forms and e-government services
- [3] Justiz — information on courts and procedures
