Security Deposit & Damage for Tenants in Austria
As a tenant in Austria it is important to know how deposits and possible damages to the apartment are regulated. Many tenants ask when the landlord may make deductions from the deposit, which evidence is required and how long the refund may take. This guide clearly and practically explains the steps from documenting damage to communicating with the landlord and to legal options in court. The tips help you observe deadlines, correctly check repair costs and avoid unnecessary disputes. If you need practical advice on deposit settlement, securing evidence or forms, you will find understandable procedures for your tenancy case in Austria.
What tenants need to know
The handling of deposit and damage is primarily governed by the Tenancy Law[1]. Landlords may only deduct for actual damage and outstanding claims; normal wear and tear is usually excluded.
Immediate actions for damage
- Take photos with date and location (evidence) and store them securely.
- Inform the landlord immediately in writing (notice) and keep a copy.
- Prevent further damage, for example turn off water or secure power sources (safety).
- Collect cost estimates and invoices or obtain repair offers (repair).
Good documentation increases your chances of success in disputes.
How deposits are settled
On move-out the landlord prepares a settlement and may charge for damaged items, cleaning or outstanding rent. Avoid premature payments and request a detailed statement.
- Repair costs that exceed normal wear and tear (deposit).
- Outstanding rent or utility cost settlements (deposit).
- Costs for missing keys or special cleaning (deposit).
Respond in writing within reasonable deadlines to avoid losing rights.
FAQ
- When may the landlord deduct from the deposit?
- The landlord may only deduct for actual damage and outstanding claims; normal wear and tear generally does not apply. Details are regulated by the Tenancy Law[1].
- How long does it take to get the deposit back?
- There is no uniform deadline, but the settlement should usually be made within a few months; in case of dispute the district court may be involved[2].
- Which evidence helps tenants?
- Photos, date stamps, invoices and written communication are the most important evidence.
How-To
- Document damage immediately and secure receipts (deadline).
- Inform the landlord in writing and set a deadline for clarification (notice).
- Collect all invoices and cost estimates and make copies (evidence).
- If deductions are unclear or unjustified, file a written objection and consider legal action at the district court (court).
Keep photos, messages and receipts for at least two years.
Help & Support
- RIS – Legal Information System of the Republic of Austria
- Justiz.gv.at – Court information
- JustizOnline – e‑Forms and procedures
