Short-Term Tenancy: Tenant Rights & Deposit in Austria

Short-term rentals are practical for many tenants but can raise questions about the deposit and refunds. This text explains in clear language which rights tenants have in Austria, how a deposit account works and which steps are sensible when problems arise with the refund or disputes with the landlord. The aim is to enable you to meet deadlines, secure evidence and know the necessary formal steps without legal jargon. If you are unsure about applicable deadlines or how to enforce a claim, you will find pragmatic action steps and references to official bodies here.

Deposit basics and deposit account

The security deposit serves the landlord as security for unpaid rent or compensation for damage. In many cases it is held separately as a deposit account or escrow; ask the landlord about the legal basis and account handling. Keep payment receipts and note the payment method so you can later prove the refund claim.

What tenants should do immediately for short-term rentals

• Pay the deposit by documented bank transfer and request a receipt.
• Record damages on move-in with dated photos as evidence.
• Request written information about the deposit account and custody.
• Set written deadlines for the refund after moving out.
• Document handover protocols on move-in and move-out.

What to do if the deposit is withheld

If the landlord withholds parts of the deposit, request a detailed statement and receipts for deductions. Record all contacts in writing and give the landlord a reasonable deadline for refund. State the amount and due date clearly in your deadline notice.

Rights, courts and procedures

For uncollectible claims, tenants can file a lawsuit at the district court or consider formal debt-collection or enforcement procedures. Information on deadlines and procedure types is guided by the Mietrechtsgesetz and civil procedure rules^[1].

FAQ

How high can the deposit be for short-term rentals?

There is no uniform cap for all short-term rentals; practice is often guided by tenancy law and individual agreements. Check the contract and ask for the legal basis.^[1]

Does the deposit have to be kept in a separate deposit account?

Keeping the deposit in a dedicated deposit account is common and creates transparency, but it depends on the agreement and the legal form of the tenancy.

What can I do if the deposit is not refunded?

Request refund in writing with a deadline; if refused, document everything and consider filing a claim at the district court or using JustizOnline forms to submit a lawsuit^[2].

How-To

1. Document the apartment condition at move-in and move-out with photos and a protocol.
2. Keep proof of every deposit payment by bank receipt or receipt.
3. Set a reasonable written deadline for the refund after moving out.
4. Request a written settlement with receipts for deductions from the landlord.
5. If necessary, file a lawsuit at the district court or use JustizOnline for forms.

Help & Support

• [1] RIS: Federal Legal Information System
• [2] Justice: Information on Courts and Procedures
• [3] JustizOnline: Forms and Electronic Filing

1. [1] RIS: Mietrechtsgesetz (MRG)
2. [2] JustizOnline: Electronic Filing