Security Deposit, Cleaning & Tenant Rights in Austria
As a tenant in Austria you often face questions about the security deposit, the deposit account and final cleaning when moving out. This guide explains clearly when a landlord may withhold the security deposit, what obligations exist for final cleaning and how deadlines and receipts protect your refund. You will learn which defects are permissible, how to document evidence and which steps are possible in disputes with the landlord, from written requests to complaints at the district court. Practical tips help to avoid unnecessary costs and to present your rights clearly. Keep all receipts and respond promptly to letters to avoid disadvantages. We explain the next steps.
Security Deposit & Deposit Account — Rights and Obligations
In Austria, many details about the deposit are primarily governed by the Mietrechtsgesetz (MRG).[1] The deposit serves as security for damages or outstanding payments. The landlord may only use the deposit for justified claims and must provide comprehensible evidence for deductions.
It is important that the deposit is preferably kept in a separate deposit account. Ask for account statements or written proof if you have doubts.
Overview: What to check
- Costs for justified damages that go beyond normal wear and tear
- Observe deadlines for repayment and objections
- Documentation: photos, invoices and handover protocol
- Receipts must be clear and traceable
Final Cleaning When Moving Out
The lease may specify which cleaning standards are expected. Blanket clauses that demand services beyond a normal final cleaning are not always permissible. Check the lease and request a detailed statement for any deductions.
If There Is a Dispute
Try a written clarification first: request the refund and justify your objections with evidence. Set a reasonable deadline and announce that you will consider further steps.
- Send a written request with a deadline
- Organize your evidence properly
- If necessary: file a claim at the competent district court[2]
FAQ
- When may the landlord withhold the security deposit?
- The landlord may only withhold a share for justified claims such as damages or outstanding rent; they must justify this and provide receipts.
- Does the deposit have to be in a special account?
- There is no general obligation to use a special account for all tenancies, but a deposit account creates transparency; ask for proof.
- What to do if the landlord does not pay?
- Request the deposit in writing, set a deadline and consider legal steps or a complaint at the district court.[2]
How-To
- Collect photos and documents: condition, invoices, handover protocols.
- Send a written request to the landlord and set a repayment deadline.
- Observe deadlines: within which timeframes must you respond?
- If no agreement: bring a claim at the district court and, if applicable, use JustizOnline forms.[3]
Key Takeaways
- The deposit may only be used for justified claims.
- Documentation is crucial for reclaiming the deposit.
- Respond in time: do not miss deadlines.
