Security Deposit Returned On Time — Tenants Austria
Rights and deadlines for the security deposit
In Austria, the security deposit must generally be repaid after the tenancy ends once the landlord's claims are clarified. The reasonable timeframe depends on the situation; in many cases repayment is expected within a few weeks to months. Clarify outstanding claims in writing and demand a precise accounting of deductions.[1]
Collecting evidence
Gather all documents that prove the condition of the apartment and payments. Good documentation makes objection and court enforcement easier.
- Handover protocol and photos of the apartment condition at move-in and move-out
- Receipts for paid rent and security deposit transfers
- Written demands or communications from the landlord
- Invoices for necessary repairs if you paid them
How to file an objection or complaint
Start with a formal, verifiable demand for repayment (e.g., registered mail or delivery by courier). Request a detailed accounting and set a short, clear deadline for payment. List the evidence in your letter and attach copies of key documents. If the landlord does not respond or makes unjustified deductions, send a reminder and then consider legal action.[2]
Court procedures and process
If out-of-court attempts fail, you typically file a claim at the competent district court. The court will examine whether deductions are justified. Prepare your evidence in order and note appointments and conversations. Consider court costs and possible settlements.
FAQ
- How long does the landlord have to return the deposit?
- There is no uniform deadline, but repayment should occur within a reasonable time after outstanding claims are clarified; often within weeks to a few months.
- Which documents are most important?
- Handover protocol, photos, transfer receipts of the deposit and invoices or estimates for alleged damages are crucial.
- What can I do if the landlord refuses to pay?
- Send a formal demand with a deadline, document everything and consider filing a claim at the district court if refusal continues.
How-To
- Step 1: Send a formal demand for repayment with a deadline and supporting documents.
- Step 2: Attach copies of the handover protocol, photos and payment receipts.
- Step 3: Wait for the set deadline and document the landlord's response.
- Step 4: Send a reminder if necessary and announce legal action.
- Step 5: File a claim at the district court if out-of-court solutions fail.
Help & Support
- RIS — Legal Information System of the Federal Government
- justiz.gv.at — Information about courts
- JustizOnline — Forms and e‑Services
