Security deposit return: Tenant rights in Austria
As a tenant in Austria it is important to know how and when the security deposit is returned after moving out. Landlords may only claim certain reasons for deductions, such as outstanding rent or proven damages beyond normal wear and must act within reasonable deadlines. This article clearly explains your rights, common deduction reasons, which documents you should collect and how to formally initiate a refund claim. You will also get concrete steps to check an outstanding refund and, if necessary, start legal action. The information is based on Austrian regulations and case law so that you as a tenant can enforce your claims securely and correctly.
How the security deposit refund works
After the tenancy ends, the landlord checks whether there are claims against the tenant. Typical reasons for partial or full withholding are outstanding rent, balancing bills or proven damages to the apartment. The exact legal basis follows from the Mietrechtsgesetz (MRG) and civil contract practice[1].
- Outstanding rent or utility billing adjustments can be deducted from the deposit.
- Proven damages that exceed normal wear justify deductions.
- Receipts, handover protocols and photos are crucial to dispute unjustified deductions.
Deadlines and legal remedies
There is no uniform maximum statutory deadline, but the refund must take place within a reasonable time; a period of a few weeks to a few months is common. If the landlord does not respond or makes unlawful deductions, you can demand the refund in writing and, if necessary, file a claim at the competent district court[2].
FAQ
- When must the landlord return the deposit?
- The landlord must return the remaining deposit after reviewing all justified claims; this should happen within a reasonable period.
- What deductions are permitted?
- Deductions are permitted for outstanding rent, proven damages and correctly calculated utility adjustments.
- What to do if the deposit is not returned?
- Send a formal payment request, collect evidence and consider initiating proceedings at the district court.
How-To
- Send a written payment request to the landlord and set a deadline.
- Keep receipts, photos and the handover protocol ready and documented.
- Contact the landlord for clarification if needed.
- If the landlord does not respond, file a claim at the district court.
Help and Support
- RIS: Legal Information System of the Republic
- Justiz.gv.at: Information about courts
- JustizOnline: Forms and procedures
