Security Deposit: Deductions & Appeals in Austria
As a tenant in Austria, it is important to know which deductions a landlord may lawfully make from the security deposit and how you can respond. This guide clearly explains which costs are legally permitted, which receipts you should collect, and how deadlines for appeals or complaints work. You will also learn how a deposit account functions, the role of photos and handover reports, and when it may be sensible to go to the district court. The aim is to give you practical steps so you can assert your rights when the deposit is returned and avoid unnecessary deductions. If necessary, we also show how to use official forms and what legal remedies are available. Read on for concrete steps, deadlines and sample documents to help you enforce the refund.
When are deductions allowed?
In principle, deductions from the deposit are only allowed for actual, provable costs. Relevant legal rules can be found in the Tenancy Act (MRG) and the associated provisions.[1]
- Repairs for damage that goes beyond normal wear and tear.
- Unpaid rent or operating costs that can be clearly allocated.
- Final cleaning, if agreed in the lease or necessary due to excessive dirt.
- Lost keys or lock replacement, when proven.
Photo documentation and handover reports are often decisive.
How do you file an appeal or complaint?
If you consider the deductions unjustified, first request a detailed statement and receipts. Set a deadline and document your correspondence. If no agreement is reached, going to the district court may be necessary; procedures and forms can be found on the official justice websites.[2]
- Document defects, damage and the condition at move-out with photos and a list.
- Request a detailed, written statement and receipts from the landlord.
- Observe deadlines: respond within the given time and send appeals by registered mail.
- If necessary, file a lawsuit at the competent district court and use JustizOnline for forms.[3]
What counts as evidence?
Photos, witnesses, invoices for repairs, handover reports and bank statements are the most common and strongest evidence. Keep all receipts and create a written overview of the costs incurred.
Submit appeals on time, otherwise claims may expire.
Frequently Asked Questions
- How quickly must the landlord return the deposit?
- Generally after settlement; often within a few months unless there are justified deductions.
- Can the landlord deduct without receipts?
- No, deductions should be comprehensible and supported by invoices or documents.
- Where can I turn if there is a dispute?
- First file a written appeal with the landlord; if the dispute continues, contact the district court or a conciliation body.
How-To
- Document the condition at move-out with photos and a signed handover report.
- Request a detailed, written statement and receipts from the landlord.
- Set a reasonable deadline and send your appeal by registered mail.
- If no agreement is reached, file a claim at the competent district court.
Early documentation and formal steps increase the chances of a full refund.
Key Takeaways
- Only provable and reasonable costs may be deducted from the deposit.
- Photos, reports and receipts are the most important evidence.
- Respond in writing and within deadlines to protect your rights.
Help and Support
- Mietrechtsgesetz (MRG) in RIS
- Justice - information on courts and procedures
- JustizOnline: forms and e-services
