Security Deposit Claims: Tenants' Rights in Austria

As a tenant in Austria, you expect your security deposit to be returned promptly after the tenancy ends. This guide explains in plain language which deadlines apply, what deductions a landlord may lawfully make, which documents you should collect, and how to proceed if the refund is delayed or refused. The information helps you avoid conflicts and—if necessary—take targeted legal steps or contact authorities. We describe practical measures, communication strategies and the role of district courts in enforcing your claims.

What is the security deposit and when is it due?

The security deposit serves as security for claims arising from the tenancy. It is typically provided at the start of the contract; repayment takes place after the tenancy ends if there are no justified claims. Note statutory provisions and contractual agreements under the Mietrechtsgesetz (MRG).^[1]

Common reasons for deductions

• Outstanding rent or operating costs that are verifiable.
• Damage to the rented property beyond normal wear and tear.
• Missing proof for paid operating costs or cleaning receipts.
• Deadlines for settlement when the landlord needs time for accounting.

Deadlines: When must the landlord pay?

There is no uniform statutory maximum deadline for repayment, but landlords must act promptly and after completion of all relevant settlements. Delays must be factually justified; mere delay is not automatically permitted. In case of uncertainty, legal advice or an inquiry to the district court can help enforce the claim.^[2]

How to document claims and damages correctly

• Create a detailed handover protocol with photos when moving out.
• Collect all receipts for payments and repairs performed.
• Record dates and deadlines for settlements and enquiries.

Steps if the landlord does not pay

1. Formally demand repayment in writing with a deadline and send it in a verifiable way.
2. Seek a friendly discussion and document what reasons are given.
3. Gather evidence and handover records and check whether deductions are justified.
4. If necessary, file a claim at the competent district court or consider formal debt collection procedures.
5. Use official forms and online submissions via JustizOnline if court proceedings are required.^[3]

Avoid common mistakes

• Undocumented verbal agreements cannot easily be proven later.
• Do not miss deadlines, both for claiming the deposit and for court procedures.

FAQ

1) How long may the landlord withhold the deposit?

There is no blanket statutory maximum; however, the landlord must not withhold unreasonably long after completing all settlements.

2) What deductions are permissible?

Permissible deductions include verifiable outstanding rent and operating costs and compensation for damage beyond normal wear and tear.

3) Where can I turn if the landlord does not pay?

Contact the competent district court, use JustizOnline for submissions or seek legal advice.

How-To

1. Check your documents: collect the rental contract, handover protocol and receipts.
2. Send a formal demand for repayment with a deadline in a verifiable way.
3. Contact the landlord to clarify and document the outcome.
4. File a claim at the district court or use debt collection procedures if payment is not made.

Help and Support / Resources

• Mietrechtsinformationen (RIS)
• Court and procedure information (Justiz.gv.at)
• Forms and submissions (JustizOnline)

1. [1] RIS: Mietrechtsgesetz (MRG)
2. [2] Justiz.gv.at: Court information
3. [3] JustizOnline: Electronic submissions