Security Deposit, Damages & Tenant Rights in Austria
As a tenant in Austria, it is important to know when a landlord may deduct damages from the security deposit and what rights you have if you disagree with deductions. Many questions revolve around wear and tear, repairs and whether a deposit may be retained in whole or in part. This guide explains in plain language the common reasons for deductions, how to collect evidence, which deadlines apply and what steps exist—from a formal request to a lawsuit at the district court. I provide simple action steps and refer to official sources so you can act with confidence.
What applies to security deposit and damage deductions?
The legal basis varies depending on the rental relationship; tenancy law and civil law rules play a role.[1] Principle: In general, a landlord may only deduct for actual damages or outstanding claims from the deposit, not for normal wear and tear.
In many cases, only actual damages may be charged, not normal wear and tear.
- Damages beyond normal wear and tear (e.g. due to improper use)
- Outstanding rent or utility charges
- Missing keys or damaged locks
- Cleaning costs for exceptional dirt
Good photos and handover records reduce disputes about the extent of damage.
Evidence, deadlines and procedure
Collect evidence: photos, invoices, quotes from tradespeople and the handover record. Documents help prove unjustified deductions. Request a written breakdown of the claim from the landlord and set a reasonable deadline for a response.
Keep all receipts and communications organized and clearly dated.
If no agreement is reached, you can ask the district court to determine whether the deduction is lawful; in many cases the district court has jurisdiction.[2] Before court proceedings, an independent assessment or mediation can be useful.
Respond to landlord communications within deadlines to avoid losing rights.
How-To
- Gather all evidence: photos, handover record and invoices.
- Send the landlord a structured list of questions and claims with a deadline.
- Set a clear deadline (e.g. 14 days) for clarification or repair.
- Obtain quotes or an expert assessment if needed.
- If no agreement: consider court action at the district court.
Ordered, written communication makes later proceedings much easier.
FAQ
- Can a landlord keep the entire deposit without evidence?
- No. The landlord generally must prove and justify deductions; blanket withholding without evidence is not permitted.[1]
- Do I have to pay for normal wear and tear?
- Normal wear and tear is generally not chargeable; only excessive damage may be accounted for.
- Where do I turn if I cannot reach an agreement?
- If discussions fail, the district court is competent; consider mediation or an independent expert assessment as well.[2]
Key Takeaways
- Document damage immediately and thoroughly.
- Ask the landlord for a written itemized list with evidence.
- Consider court action if a fair resolution is not possible.
Help & Support
- RIS - Tenancy Law (MRG) – Contact and Info
- Justiz.gv.at – Information on district courts and procedures
- JustizOnline – Forms and e-Services
