Tenant Evidence: Photos and Witnesses in Austria
As a tenant in Austria it is important to know who is responsible for proving damage or conditions in a tenancy dispute and how to properly secure photos, move-in/out reports and witness statements. Good documentation protects against unjustified claims and helps substantiate requests — for example for deposit refunds, repairs or defects. This guide explains when costs for photos or expert reports may be borne by the landlord or the tenant, how a handover protocol works, the role of witnesses and which deadlines and formalities must be observed. The advice is practical and tailored to Austrian tenancy law so you can assert your rights as a tenant confidently.
Types of evidence and their effect
Photos are often the simplest and most expressive evidence: clear timestamps, before-and-after perspectives and scale references increase probative value. A handover protocol documents the condition at move-in and move-out and is especially important in disputes over return of the deposit; see also our guide on handovers Move-in & Move-out: Handover, Keys, Meters. [1] Witness statements can fill gaps if photos or protocols are missing but must be credible and detailed.Detailed documentation increases your chances of success in disputes.
What to photograph
- Photograph damage to floors, walls, windows and sanitary areas from several angles.
- Record date and time in file names or a short accompanying note.
- Include measurement points or references (ruler, furniture) for size estimation.
Who pays for creating evidence?
As a rule each party bears their own costs for simple evidence such as photos or protocols. If a court-ordered expert opinion is required, costs may be allocated or imposed on the losing party; courts often decide based on case outcome. For clear defects already present at move-in and documented in the contract or handover protocol, the landlord may be obliged to assume repair costs. [2]Respond promptly to defect notices, otherwise you risk losing claims for compensation.
- Simple photos and protocols: usually paid by the party who created them.
- Independent expert opinions or damage assessments: may be allocated in or out of court.
- Urgent repairs to prevent major damage: sometimes borne by the landlord depending on responsibility.
How to document evidence securely
Start with clear photos, a short written description and, if possible, a handover protocol. Keep all invoices, messages (email/SMS) and payment receipts in one folder or digitally with backups. Complement photos with brief notes about location, date and circumstances. If witnesses are available, record their contact details and a short written statement.Store photos and protocols organized and securely.
- Observe deadlines: reports and defect notifications should be made in writing and promptly.
- Secure witness contacts and ask for short written statements.
- In case of immediate hazards act quickly and secure evidence before and after measures.
FAQ
- Who pays for photos I take when moving out?
- Generally each party pays their own costs for simple photos; in court the judge may decide cost allocation.
- How reliable is a handover protocol?
- A signed handover protocol is very important and serves as strong evidence for the condition at move-in or move-out.
- Can witness statements prove a defect?
- Yes, if witnesses can credibly and specifically describe what they saw; written statements strengthen the evidence.
How-To
- Take photos of damage from several angles and date the files.
- Create a short handover protocol and have both parties sign it.
- Secure witness contacts and ask for a short written statement.
- Collect all invoices, offers and messages in one folder.
Help and Support
- RIS - Legal Information System of the Republic
- Justice - Information on Court Procedures
- JustizOnline - Case Management
