Tenant Data and Screening in Austria

As a tenant in Austria, you should know which data landlords request during screening and how that data is processed. Many landlords ask for identification, proof of income, or references; not all requests are lawful or proportionate. This article explains your data protection and tenancy rights in plain language, when written consent is required, how to request access to records, and what steps to take if your personal data is processed unlawfully. The guidance is aimed at tenants in Austria and includes practical wording suggestions and references to official contact points.

What is landlord screening and which data is permitted?

Landlord screening means checking applicant data to decide on a tenancy. Generally, landlords may only request information that is relevant and proportionate to the rental decision. Stricter rules apply to sensitive personal data. For interpretation of the rules, the tenancy law and Austria's data protection framework provide guidance^[1].

Commonly permitted documents

• Identity document (ID card or passport) for identity verification
• Proof of income (pay slips, employment confirmation) to demonstrate ability to pay rent
• Rent clearance letters or references from previous landlords
• Proof of employment or contract documentation

Comprehensive credit reports without specific justification or questions about health, religion or political opinion are usually disproportionate.

Consent and legal basis

Processing personal data generally requires a legal basis. A voluntary, informed, written consent can be a basis, but it must not be coerced, for example by making the rental conditional on consent. If processing is necessary for the rental decision, the scope must be proportionate.

What rights do tenants have?

Tenants have the right to access, rectify, erase and restrict processing of personal data, and in certain cases to object. If data is processed unlawfully you can file a complaint with the data protection authority or consider civil action.

• Request access to stored personal data
• Request correction of incorrect information
• Request deletion of unnecessary data
• Contact the data protection authority or seek legal advice

If your access request is ignored or denied, document the communication and set a deadline for a response.

Frequently Asked Questions

What data may a landlord request during screening?

They may generally request identity documents and information necessary and proportionate for the rental decision; sensitive data is usually not allowed.

Do I have to agree to all checks to get the apartment?

No, consent must not be coerced. If there is no legal basis, you may refuse to provide certain data.

Where can I turn if my data was used unlawfully?

You can file a complaint with the data protection authority or consider civil action, e.g. before the district court.

How-To

1. Document immediately which documents you provided and to whom.
2. Request written access to records, specifying the exact data you want to see.
3. Set a clear deadline (e.g. 14 days) for a response and reference your right to access.
4. If ignored, consider filing a complaint with the data protection authority or taking legal action.

Key Takeaways

• Only provide data that is necessary and proportionate for the rental decision.
• Keep copies and document all exchanges with landlords.

Help and Support / Resources

• [1] RIS - Legal Information System of the Republic of Austria
• [2] Justice - Information on courts and procedures
• [3] JustizOnline - Forms and e‑services

1. [1] RIS - Legal Information System of the Republic of Austria
2. [2] Justice - Information on courts and procedures