Short-Term Rent, Deposit & Tenant Rights in Austria
Many tenants in Austria face questions about deposits, deadlines and refunds when renting short-term. With fixed-term rentals it is important to know your rights and obligations, how to document damage and communication, and which deadlines apply when demanding a deposit refund. This guide explains practically when a deposit is permitted, which proofs are useful and which steps are advisable if problems arise with the landlord or for necessary repairs. It provides concrete action steps, tips on deadlines and references to relevant legal provisions and court options in Austria.
Short-term rent and deposit: Basics
A deposit may generally be agreed for tenancy relationships; details are often governed by the Mietrechtsgesetz (MRG) or the general tenancy provisions of the ABGB, depending on the type of dwelling and contract form[1][2]. It is important to have written agreements on amount, purpose and repayment conditions as well as clear arrangements regarding damage and retention.
- Amount of deposit: Record the agreement in writing and request a receipt.
- Deadlines: Set a reasonable deadline for repayment and demand the deposit within that time.
- Evidence: Document with photos, handover protocols and correspondence.
- Repairs: Clarify whether damages may be covered by the landlord or deducted from the deposit.
What to do in disputes or withheld deposit
If the landlord withholds part of the deposit, first request a detailed statement and justification in writing. Set a reasonable payment deadline and offer an amicable resolution. Respond promptly to claims to avoid losing rights.
- Written demand: Request repayment by registered mail or email with read receipt.
- Attach evidence: Compile photos, handover records and payment receipts.
- Court action: If repayment is not forthcoming, filing a claim at the competent district court is possible.
FAQ
- Is a deposit allowed for short-term rent in Austria?
- Yes, a deposit is permitted if agreed in writing. Often the Mietrechtsgesetz (MRG) or ABGB applies to tenancy contracts depending on the contract type.[1][2]
- How quickly must the landlord return the deposit?
- There is no uniform civil law deadline; request a return within a reasonable period and set a written deadline before considering legal action.
- Can the landlord withhold part of the deposit?
- Yes, if proven damages or outstanding claims exist. Any withholding must be specifically justified and evidenced.
How-To
- Demand in writing: Send a formal repayment request with a deadline.
- Collect evidence: Include photos, protocols and proof of payments.
- Set a deadline: Give the landlord a clear deadline to repay.
- Court action: File a claim at the district court if payment is not made.
- Use JustizOnline: For filing, forms and submissions can be handled via JustizOnline[3].
