Security Deposit Deductions: Documents for Tenants in Austria
What counts as a lawful deduction from the security deposit?
As a tenant in Austria, you should know which deductions are legally permissible and which documents a landlord may request. Under the relevant provisions of the Tenancy Act, unpaid claims, damage beyond normal wear and tear, and costs for key replacement or cleaning are typical reasons for deductions.[1] Landlords must justify deductions and, where possible, provide evidence; as a tenant you have the right to inspect these documents and present your own evidence.
- Unpaid rent or outstanding operating costs
- Repairs for damage beyond normal wear and tear
- Invoices, estimates and move‑out reports
- Key loss and lock replacement
- End‑of‑tenancy cleaning if contractually agreed and documented
How to secure evidence
Collect photographic documentation at the time of moving out, signed move‑out reports, and all invoices. Save e‑mails with agreements and payment confirmations for the deposit and any refunds. Keep the evidence centralized so you can respond quickly to queries.
- Photos of damage and condition at move‑out
- Invoices and repair estimates
- Move‑out report with date and signatures
- Email correspondence and payment confirmations
- Bank statements as proof of payment
Deadlines and procedures
Landlords should communicate deductions promptly. Respond in writing and request a detailed breakdown. If no agreement is reached, the district court has jurisdiction to decide; you may file a claim there.[2] Official court forms are also available via JustizOnline.[3]
- Observe any deadlines in the statement and statutory limitation periods
- Request a written statement of deductions
- If necessary, file for a decision at the district court
Frequently Asked Questions
- Can the landlord keep the entire deposit?
- Only if evidence shows that the claims justify the full amount; normal wear and tear is not a reason to retain the entire deposit.[1]
- What deadline do I have to file an objection?
- There is no single deadline for every case, but you should respond in writing promptly and consider legal action within limitation periods if necessary.[2]
- Where can I find forms to file a claim?
- Official court forms and e‑services are available via JustizOnline.[3]
How‑to
- Collect all relevant photos, invoices and the move‑out report.
- Request a written breakdown of deductions from the landlord and keep the message.
- Check deadlines and respond within the stated time.
- If no agreement is possible, apply for a decision at the district court.[2]
Key takeaways
- Evidence is central to resolving deposit disputes.
- Act promptly to avoid missing deadlines.
- Seek help early from official sources or legal advice.
