Security Deposit & Cleaning: Tenant Rights in Austria

Tenant rights & basic protections (MRG) 2 min read · published September 10, 2025
As a tenant in Austria you often face questions about security deposits and move-out cleaning: which deductions are allowed, how quickly must the deposit be returned and who pays for cleaning or repairs? This guide explains your rights under tenancy law in clear terms and gives practical steps for handover, documenting damage and claiming refunds. You will learn which deadlines apply, which records are useful and how to prepare formal letters or consider court action at the district court. The aim is to empower you to reach fair solutions and avoid unnecessary costs. Use photos, an inventory protocol and written communication to secure your claims.

Deposit: What applies?

The security deposit exists to cover damage and outstanding claims. Tenants in Austria are subject to specific rules under tenancy law, in particular the Mietrechtsgesetz.[1] Landlords may only deduct actual, provable damages or outstanding rent; normal wear and tear is not deductible. Request a detailed accounting and receipts if parts of the deposit are withheld.

In many cases the landlord may only deduct for actual damage.

Move-out cleaning and permitted deductions

Cleaning charges can be justified if the apartment is dirtier than normal wear and tear. Note: flat cleaning fees without receipts are problematic.

  • Severe soiling or intentional damage
  • Repairs beyond normal wear and tear
  • Special cleaning (e.g. mold remediation)
Keep the handover record and photos safe.

Evidence and deadlines

Secure evidence: photos, invoices, witness statements and a signed handover record. Set a deadline for the landlord to return the deposit and request a written explanation of deductions. Information about court procedures and deadlines is available from the competent courts.[2]

Respond promptly to claims or you may lose rights.

What to do in a dispute

  1. Set a written deadline and demand repayment
  2. Collect evidence: photos, invoices, handover record
  3. Contact mediation or a conciliation service
  4. Consider filing a claim at the district court
A step-by-step record increases your chances in court.

FAQ

Can the landlord keep the entire deposit for move-out cleaning?
No. The landlord may only deduct for proven damage or excessive soiling; normal wear and tear is excluded.
How quickly must the deposit be returned?
There is no uniform deadline; the deposit should be returned promptly with justification; a written demand and possibly district court action can help in disputes.
Which evidence helps to reclaim the deposit?
Photos at move-out, a handover record, invoices for repairs and written communication with the landlord are essential.

How-To

  1. Take photos and a handover record at move-out
  2. Send a written demand to the landlord and set a deadline for repayment
  3. Collect all receipts and communications
  4. If no agreement is reached, consider mediation or court at the district court

Help and Support

  1. [1] RIS - Mietrechtsgesetz (MRG)
  2. [2] Justiz.gv.at - Information on courts

Categories

Tenant rights & basic protections (MRG) Lease types (fixed/indefinite, main/sublet) Deposit & blocked account Rent & increases (reference rent, categories, form) Service charges & settlements Maintenance & repair duties (MRG §3) Renovations, upgrades & compensation Tenant termination (notice, handover) Landlord termination, protection & eviction Check-in/out (inspection, keys, meters) House rules, quiet hours, neighbours & pets Privacy & access (viewings, locks) Discrimination & equal treatment Accessibility & reasonable adjustments Municipal & cooperative housing Housing allowance & benefits Dispute resolution (incl. rent reduction) Registration & authorities Insurance & tenant liability Energy, heating & hot water Dwelling quality & health Subletting, flat-sharing & co-tenancy Student housing Data protection & screening (FADP/GDPR) Short-term/holiday letting (Airbnb) Templates & model letters Home safety (fire, CO, gas)
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Austria

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

Related Articles