Security Deposit for Short-Term Tenants in Austria

What applies to short-term rentals and deposits?

In short-term rentals, many basic principles of tenancy law still apply: the deposit amount should be agreed in writing, payments must be evidenced, and the landlord must return the deposit after the tenancy ends, minus justified deductions for damage. Contractual details often differ, for example whether a deposit account is used or the deposit is paid in cash. As a tenant, you should ask for clear agreements on deposit amount, refund deadlines and deduction rules when signing the contract.

Key points for tenants

• Agree the deposit amount in writing.
• Request a deposit account or at least proof of payment.
• Keep receipts and relevant documents safe.
• Photographically document any damage with dates.
• Observe deadlines for refund requests and act within them.

Deposit account — what tenants need to know

A deposit account can be useful because it keeps the deposit separate from the landlord's assets. Whether a deposit account is mandatory depends on the contract and legal provisions; the Mietrechtsgesetz (MRG) and related rules provide the legal basis.^[1] Ask at signing whether the deposit will be held in a separate account and request proof.

Tips at the end of tenancy

Before handing over the property, inspect it together with the landlord and take photos. Request a written statement of account for the deposit and note statutory or contractual deadlines for repayment. If you cannot reach an agreement, document communications and consider legal steps.

FAQ

How high can the deposit be?

For short-term rentals there is no single MRG cap that applies to every case; one to three months' rent is common. Check your contract and compare with common local practices.

Is a deposit account required?

A deposit account is often recommended but not always legally required. Check the contract and ask for proof of separate custody if needed.^[1]

How do I get my deposit back?

After returning the property the landlord should provide an accounting. If no agreement is reached, tenants can demand repayment in writing and, if necessary, contact the district court or seek legal advice.^[2]

How-To

1. Agree deposit amount in writing and note it.
2. Request receipts and keep all payment proof.
3. Photographically document the condition of the property with dates.
4. Send written defect reports to the landlord and keep copies.
5. Observe deadlines and request repayment in time.
6. If disputes continue, contact the district court or file a claim.^[2]

Key Takeaways

• Written agreements on the deposit protect tenants from unexpected deductions.
• Good documentation (photos, receipts) is crucial for securing refunds.
• Observe deadlines and follow formal steps early to preserve rights.

Help and Support / Resources

• MRG and ABGB texts at RIS
• Courts and procedure information at Justiz
• JustizOnline e-forms and services

1. [1] RIS — Rechtsinformationssystem des Bundes
2. [2] Justiz.gv.at — Court information