Security Deposit Deductions for Tenants in Austria

As a tenant in Austria, it is important to know which deductions from the security deposit account are permitted and how to protect your right to a refund. This guide explains in clear terms under what conditions landlords may retain parts of the deposit, which receipts and evidence are required, and which deadlines apply. I describe typical deduction items such as outstanding rent, necessary repairs and cleaning costs as well as your obligations when moving out. You will also find concrete action steps like documentation, meeting deadlines and, if necessary, court steps before the district court^[2] so you do not lose money. I also list which documents to gather and how to check a cost statement. At the end you will find FAQs and a step-by-step guide to claim the deposit.

When are deductions allowed?

Deductions from the deposit are only allowed if a concrete claim exists that can be proven by receipts or invoices. Relevant rules are in the Tenancy Law and related provisions^[1]. Common reasons include unpaid rent or costs for necessary repairs that go beyond normal wear and tear.

• Outstanding rent or utility charges.
• Necessary repairs to restore normal residential use.
• Cleaning costs when excessive dirt is provable.
• Unpaid fees or reminder charges only with proof.

Amount and calculation

The amount of permissible deductions is based on actual costs and must not be arbitrarily estimated. Flat-rate reductions without breakdowns are not allowed. As a tenant you have the right to request a detailed statement of withheld amounts and to check the supporting documents.

• Only actually incurred costs may be deducted.
• Invoices, cost estimates and delivery receipts are decisive for traceability.

Documentation and deadlines

Landlords must justify and document deductions. There is no single uniform deadline for all cases; check your rental contract and contact a counseling center if necessary. A properly maintained deposit account makes it easier to enforce your claims.

What to do as a tenant

Practical steps help prevent unjustified deductions and recover the deposit. Document the apartment condition at move-in and move-out, collect receipts and communicate in writing with the landlord.

• Collect photos, handover reports and invoices and keep them safe.
• Send a written demand for repayment to the landlord and set a clear deadline.
• Contact counseling centers if unsure.
• If necessary, initiate court proceedings at the competent district court.

FAQ

Can the landlord withhold the entire deposit without receipts?

No. Without verifiable receipts the landlord generally cannot withhold the entire deposit; there must be a concrete claim.

How long can refund take?

There is no single statutory deadline for all cases; courts often expect a timely settlement—set a reasonable deadline in writing to the landlord.

Which documents are most important?

Handover protocols, photos, repair invoices and proof of unpaid charges are decisive.

How-To

1. Collect documents: assemble photos, reports and invoices.
2. Request repayment in writing and set a clear deadline.
3. Contact counseling centers if the landlord refuses without justification.
4. File a claim at the competent district court as a last resort.

Help and Support / Resources

• [1] RIS – Legal Information System of the Republic
• [2] JUSTIZ – Information on Courts
• JustizOnline – Electronic Procedures

1. [1] RIS – Rechtsinformationssystem des Bundes
2. [2] JUSTIZ – Informationen zu Gerichten