Security Deposit: Common Errors for Tenants in Austria
As a tenant in Austria, it is important to know how to request the return of your security deposit on time and which mistakes commonly occur. Many tenants lose money because they do not keep handover reports, photos or payment receipts, miss deadlines or misunderstand liabilities. This article explains in practical terms which steps to take before and after moving out, how to document damages, which deadlines apply and when an amicable solution is possible. I also describe how to review claims, when a deposit-account statement may be necessary and how to prepare for court proceedings. The guidance is written in plain language and tailored to the situation of tenants in Austria.
What tenants get wrong
Many problems with the refund arise from missing documentation, late reactions and unclear communication. Deadlines or evidence for deductions are often lacking, which leads to disputes.
- Missing deadlines (within days): Tenants often fail to set a deadline for the refund.
- Missing evidence (evidence): No photos, no handover report or payment receipts.
- Unclear deductions (deduct): Landlords apply flat-rate deductions without receipts.
- Undocumented communication (contact): Correspondence or emails are missing.
Practical checklist
- Photos of the apartment condition at handover and move-out (evidence).
- Create and sign a handover report (form).
- Keep receipts and bank statements, especially deposit-account records (deposit).
- Set a deadline: send a written request within a reasonable time (within 14 days).
Rights and deadlines
The refund is governed by tenancy law; many rules are in the Mietrechtsgesetz (MRG)[1]. As a tenant you should check whether the landlord can substantiate any deductions and which deadlines apply for asserting claims.
How-to
- Send a written request to the landlord and set a clear deadline (within 14 days).
- Attach evidence: photos, handover report and payment receipts.
- Document any contact and record extensions of deadlines in writing.
- If no agreement is reached, consider filing a claim at the competent district court or seeking legal advice[2].
FAQ
- How long does the landlord have to refund the deposit?
- There is no uniform statutory deadline; typically the landlord should check and pay within a few weeks after handover, unless there are valid reasons for deductions.
- Can the landlord deduct from the deposit without receipts?
- No, deductions should be supported by invoices, cost estimates or other receipts.
- What to do if the landlord does not pay?
- Send a written reminder, set a deadline and consider legal action if there is no response.
Help and Support / Resources
- Tenancy law and legal information (RIS)
- Information on procedures and courts
- JustizOnline e‑forms for claims
