Tenant Data Requests Allowed in Austria
As a tenant in Austria it is important to know which personal data a landlord may legally collect during an application or throughout the tenancy. This guide explains clearly which disclosures and documents are common and permitted, where data protection limits apply and how to respond to unlawful requests. I describe typical documents such as identity proofs, income statements and tenant questionnaires, explain when credit checks or other disclosures may be unlawful and give practical steps for documentation and protecting your rights under Austrian tenancy law[1]. At the end you will find an FAQ, a short how-to and official contact points.
Which data is permitted?
Landlords may request information necessary to assess creditworthiness and to execute the tenancy contract. Typical permitted documents include:
- Identity card or passport (proof of identity).
- Proof of income such as pay slips or employer confirmation.
- Tenant self-disclosure or application form with contact details and previous rental history.
- References from previous landlords or proof of payment (bank statements showing rent payments).
When are checks unlawful?
Certain questions and data collection measures intrude on privacy and are generally unlawful. This includes health data, sexual orientation, religious affiliation, detailed criminal history or passwords to private accounts. Such data is usually not permissible for landlords to request or store.
- Questions about health, religion, sexual life or similarly sensitive areas.
- Requests for access credentials to social media or email accounts.
If you are unsure whether a request is lawful, compare it with statutory provisions (for example the tenancy law) and consider a brief written refusal or query to the landlord.[1]
How to respond as a tenant
Concrete steps to protect your rights:
- Ask in writing for the purpose and legal basis of the data request.
- Provide only necessary proofs and keep copies.
- Politely decline excessive or unlawful requests in writing.
- If needed, prepare documents for a complaint or legal clarification and check district court procedures.[2]
FAQ
- Can a landlord request my credit check or credit report?
- Credit checks can be permitted if proportionate. Full account access or unusual data requests can be refused.
- Do I have to disclose medical information?
- No. Health data is highly sensitive and is generally not required as a condition of tenancy.
- What if a landlord requests unlawful data?
- Respond in writing asserting your rights, demand deletion of unlawful data and document the request. Seek legal advice or court assistance if necessary.
How-To
- Collect all relevant documents and copies (ID, proof of income).
- Send a formal request to the landlord asking for purpose and legal basis of the data processing.
- Set a reasonable deadline for reply and document all communication.
- If no agreement is reached, check complaint routes at the district court or use official forms.[3]
Help and Support / Resources
- Advice and information at Justiz.gv.at
- Legal texts and norms in the RIS
- Forms and e-services on JustizOnline
