Security Deposit & Damage: Tenant Rights in Austria
As a tenant in Austria, questions about the security deposit and damage to the rental property can feel stressful and uncertain. This article explains in plain language what rights tenants have, how deposit statements are lawfully reviewed, which deadlines apply and how to secure evidence. You will learn when a landlord may claim damages, which deductions are common and what steps are possible if the deposit is withheld unlawfully. The guidance is aimed at tenants without a legal background and shows practical action steps, form hints and court options. The goal is to empower tenants to resolve disputes early and avoid costly proceedings. Read also the notes on deadlines, evidence and administrative channels in Austria.
What is the security deposit?
The security deposit is a contractually agreed guarantee that the landlord may use to cover legitimate claims. Under the tenancy law, rules apply regarding amount, interest and repayment.[1]
Common reasons for deductions
- Unpaid rent or utility charges
- Repairs due to damage
- Cleaning for heavy soiling
- Missing records for the handover condition
Deadlines and evidence
After the contract ends, tenants should observe deadlines: secure evidence immediately, contest deductions in writing and keep payment proofs. In disputes, the district court can decide.[2]
Practical steps you can take
Practical steps help to recover the deposit: demand repayment, provide a clear list of disputed items, set a deadline and, if necessary, assert your claim in court. Use the required forms and documents.[3]
Frequently asked questions
- Who bears the burden of proof for damages?
- In general, the landlord must justify why and to what extent a deduction is made and provide the corresponding evidence.
- Does the security deposit have to earn interest?
- In many cases the deposit must accrue interest; the exact rule depends on the lease and the law.
- How long does the landlord have to return the deposit?
- There is no uniform statutory deadline; several weeks are often considered reasonable; in case of dispute the court decides.
How-To
- Collect photos, handover reports and payment receipts as evidence.
- Write a detailed written demand for deposit repayment with a deadline.
- If no agreement is possible, file a claim at the competent district court.
