Security Deposit & Short-Term Rent: Tenant Rights Austria
As a tenant in Austria you will often face questions about security deposits, deposit accounts and short rental periods. This text explains in plain language which rights and obligations apply to short-term rentals, how a deposit is held and returned, which deadlines you must observe, and how to proceed in disputes. We describe common processes, frequent mistakes and practical steps for preserving evidence, and provide notes on legal bases such as the Mietrechtsgesetz and the ABGB[1]. The goal is to enable you to make decisions with confidence, meet deadlines and file necessary complaints correctly. You will find checklists, sample wording and guidance on administrative procedures in Austria. Read on for concrete sample letters, deadline examples and how to set up a deposit account.
What do deposit and deposit accounts regulate for short-term rentals?
A deposit secures the landlord against claims if damage or unpaid items occur. For short-term rentals, the rules on placing funds in a deposit account and documentation are particularly important because contract duration and handover are often tight[1].
How is the deposit calculated and held?
- Deposit amount (deposit): The sum often equals several months' rent; check your contract.
- Payment method: Transfer the deposit traceably and keep receipts.
- Deposit account: Request in writing whether a separate deposit account is created and ask for confirmation.
Repayment, deadlines and evidence
- Deadline (deadline): After the tenancy ends the repayment period begins; request a written statement of account.
- Evidence: Document condition with photos, invoices and a handover protocol as proof.
- Deductions: Landlords may deduct justified claims; request a detailed breakdown.
If a dispute arises: court and procedure
If no agreement is reached, the district court route may be necessary; find out about the procedure and required documents[2]. Some steps are available as electronic forms[3], and deadlines under civil procedure must be observed.
- Prepare: Gather all receipts, correspondence and photos as attachments.
- Statement of claim (form): If necessary file a claim at the competent district court or consider mediation.
- Advice: Seek legal advice, such as tenant protection associations or lawyers, if uncertain.
FAQ
- Must the deposit be held in a separate deposit account?
- In many cases separate holding is required or recommended; check your contract and request confirmation.[1]
- How quickly must the deposit be repaid?
- There is no uniform deadline for all cases; request an accounting and deadline after the tenancy ends and observe regional rules.[2]
- What can I do if the landlord does not pay?
- Collect evidence, send a written demand and consider filing a claim at the district court or using electronic forms.[3]
How-To
- Send a written demand (form): Request repayment and justification in writing with a deadline.
- Gather evidence: Compile photos, handover protocol and payment receipts.
- Wait the deadline: Allow the landlord the set period to repay.
- Consider court action (court): If unsuccessful, file a claim at the district court.
