Short-Term Tenancy: Deposit & Tenant Rights in Austria

As a tenant in Austria, a short-term rental can quickly become a financial and organizational burden if the deposit and handover rules are unclear. Many underestimate how important a proper deposit account, written agreements and photos at move-in and move-out are. This guide explains in plain language which mistakes commonly occur when placing, managing and claiming the deposit and how you can act practically as a tenant — from documentation through deadlines to possible legal steps. The tips help you avoid disputes with the landlord, secure your right to repayment and know when court or advisory support makes sense. Specifically.

What tenants should know about short-term deposits

In Austria, the Tenancy Law (MRG) and general civil law principles govern deposits; therefore check the legal basis if uncertainties arise.^[1] Deposits serve the landlord as security for damages or outstanding payments, but they must not be withheld arbitrarily. Pay attention to written agreements on the amount, interest and the form of safekeeping (deposit account).

Common mistakes and how to avoid them

• Secure documents: contract, photos, handover protocol (document).
• Observe deadlines: document written claims and deadlines (days).
• Check deposit account: is there a separate account and are interest payments recorded correctly (deposit)?
• Written evidence: verbal agreements without a protocol are hard to enforce (notice).
• Avoid repair deductions: only provable damages may be claimed (repair).

If the landlord does not return the deposit, first demand it in writing and set a reasonable deadline. If the landlord does not react, you can consider legal action or seek mediation.

How to practically claim the deposit back

A clear, step-by-step approach increases your chances of repayment. Start with documentation, set a reasonable deadline and prepare all evidence before filing a formal complaint or lawsuit. If unsure, seek advice from tenant associations or legal aid; for court action, the district court is competent.^[2]

• Compile evidence: contract, protocols, photos, bank statements.
• Send a formal payment request: clearly state date, claim and deadline (notice).
• Contact: try clarification with the landlord and document conversations (contact).
• Court action: only if other steps fail; submit files in order (court).

FAQ

1) Must the deposit be paid into a separate deposit account?

Not always mandatory, but a separate deposit account protects the funds and makes interest and repayment clearer; check the contract agreement.

2) How long does the landlord have to return the deposit?

There is no single statutory deadline for all cases; common practice is a few weeks to a few months after moving out. Send a written deadline and document everything.

3) What can I do if the landlord makes deductions without evidence?

Request a written breakdown of deductions, demand supporting documents and consider legal action if necessary.

How-To

1. Gather documents: contract, photos of condition at move-in/out, handover protocols.
2. Send a formal repayment request with a deadline and copies of evidence.
3. Contact the landlord for clarification; keep notes and scheduled dates.
4. If unresolved, file a complaint at the district court; use JustizOnline for forms and filings.^[3]

Key Takeaways

• Documentation is often decisive for successfully reclaiming the deposit.
• Written deadlines and formal requirements strengthen your legal position.
• Court action is possible but should be well prepared.

Help and Support / Resources

• [1] RIS - Legal Information System of the Federal Government
• [2] Justiz.gv.at - Information on Courts and Procedures
• [3] JustizOnline - electronic filing and forms

1. [1] RIS - Legal Information System of the Federal Government
2. [2] Justiz.gv.at - Information on Courts and Procedures
3. [3] JustizOnline - electronic filing and forms