Security Deposit Deductions: Deadlines for Tenants in Austria

As a tenant in Austria, it is important to know when and how landlords may deduct from a security deposit. This guide explains common deadlines, which deductions are legally permitted and which documents you should collect to challenge unfair deductions. We clearly outline the role of the lease, the Mietrechtsgesetz and the general civil code, which documents help, and which courts you can contact in case of disputes. Read on for concrete steps to recognize deadlines and protect your rights against the landlord.

When can landlords deduct from the security deposit?

In principle, landlords may only deduct from the deposit for actual claims. Typical reasons are unpaid operating costs, outstanding rent, and costs to remedy damages beyond normal wear and tear. Flat-rate or arbitrary deductions are not permitted. Always check the statement and request receipts.

Important deadlines

• Statement deadline: The landlord should present the deposit statement within a reasonable time after the tenancy ends, usually within a few weeks.
• Asserting claims: Claims for outstanding rent or operating costs are often asserted within three to six months after handover.
• Limitation: Claims arising from the tenancy are subject to civil limitation periods; check when claims may become time-barred.

What proof must the landlord provide?

For deductions, the landlord must substantiate the costs. Common proofs are invoices from tradespeople, detailed operating cost statements, or evidence of outstanding rent payments. As a tenant you have the right to inspect these documents.

What can tenants do if they suspect unfair deductions?

Check the statement immediately and request the receipts in writing. Document all communications. If no agreement is possible, you can bring the matter before the conciliation body or the competent district court and, if necessary, sue for the deposit.

Practical steps to challenge deductions

1. Request all receipts and a detailed statement in writing within 7–14 days.
2. Compare the receipts with your own documents like reports and photos.
3. Attempt an amicable settlement; set a deadline for repayment or correction of the statement.
4. If no agreement is reached, consider legal action at the district court.

FAQ

When must the landlord return the security deposit?

The deposit must be returned once legitimate claims have been clarified; usually this happens shortly after handover and settlement, depending on resolution of outstanding items.

Can the landlord withhold the deposit immediately after moving out?

No, they must substantiate claims; a blanket withholding without receipts is not permitted.

What role does the handover report play?

The handover report is an important piece of evidence to document the apartment condition at move-out and to delimit possible damages.

How-To

1. Check the statement immediately upon receipt and mark unclear items.
2. Request complete receipts in writing within two weeks.
3. Collect and organize your own evidence (photos, reports, payments).
4. Try to settle amicably and set clear deadlines.
5. If necessary, file a claim at the district court or consult legal advice.

Key Takeaways

• Documentation during the tenancy protects you from unjust deductions.
• Act quickly when you receive the statement to increase your chances of success.
• Always request concrete receipts for each deduction.

Help and Support / Resources

• RIS – Legal Information System of the Republic
• Justiz.gv.at – Court and procedure information
• JustizOnline – Electronic forms and filings

1. [1] RIS - Mietrechtsgesetz (MRG)
2. [2] Justiz.gv.at - Court information