Get Your Security Deposit on Time in Austria

As a tenant in Austria, you want your security deposit returned quickly and in full after moving out. This guide explains in plain language which deadlines apply, which documents you should collect, and which steps are necessary in case of unjustified deductions or disputes. We cover common deduction reasons, how move-out reports and photos help, and how to demand payment in writing. We also explain when a lawsuit at the district court may be appropriate and which official sources and forms you can use. This prepares you to enforce your rights and avoid unnecessary delays. Practical tips and examples show how to document communication with the landlord and which deadlines under the Rental Law (Mietrechtsgesetz)^[1] apply. At the end you will find a step-by-step guide and answers to frequent questions.

What is the security deposit and how is it managed?

The security deposit secures landlord claims against the tenant, for example for unpaid rent or required repairs. Commonly it equals one to three months' rent. Some contracts specify a deposit account. Keep written agreements and account statements so you can present evidence when claiming repayment.

Which deadlines apply?

There is often no single nationwide statutory deadline for repayment; however, the deposit management includes a reasonable inspection by the landlord. In practice, it is advisable to actively follow deadlines and next steps after moving out.

• Within a few weeks the landlord typically checks for outstanding claims and damages.
• If deductions are determined, the landlord should provide a cost breakdown.
• If no deductions apply, prompt repayment is customary.

What counts as justified deductions?

Typical deduction reasons are reasonable repair costs, unpaid rent or agreed additional charges. Unjustified or excessive deductions should be disputed in writing and you should request supporting documents.

• Repairs and maintenance when damage goes beyond normal wear and tear.
• Outstanding rent or service charge settlements.
• End cleaning, if agreed in the contract and verifiable.

What to do in case of delay or dispute?

If the deposit is not returned or not returned in full, first document your claim in writing and set a reasonable deadline. If there is no response, further steps may be necessary.

• Send a written demand to the landlord with a deadline and attach evidence.
• Attach all receipts, move-out reports and photos to support your claim.
• If the dispute continues, filing a claim at the district court may be necessary^[2].

FAQ

How long does the landlord have to return the deposit?

There is no single statutory deadline in all cases; in practice landlords usually check within weeks to a few months whether claims exist.

Which documents should I collect?

Lease agreement, move-out report, photos of the apartment condition and invoices for repaired defects are important.

Where do I turn if the landlord does not pay?

First send a written demand, seek advice if needed, and as a last resort consider filing a claim at the district court.

How-To

1. Check the lease and note deadlines and deposit agreements.
2. Create a move-out report and secure photos and receipts.
3. Send a written demand for payment with a deadline; use official forms and information if needed^[3].
4. If there is no response, pursue mediation or prepare a court claim at the district court.
5. If you obtain a court decision in your favor, enforce the payment accordingly.

Help and Support / Resources

• Mietrechtsgesetz (MRG) in RIS
• Information on the judiciary (Justiz)
• JustizOnline forms and e-services

1. [1] RIS - Rental Law (Mietrechtsgesetz)
2. [2] Justiz.gv.at - Information on courts
3. [3] JustizOnline - Forms and Services