Tenant Evidence: Photos, Records, Witnesses in Austria
Securing Evidence: Photos, Report, Witnesses
As a tenant in Austria, it is sensible to document damages and handovers systematically. Photos, a detailed handover report and confirmed witness statements create clear evidence for later discussions or legal steps. This chapter shows practical rules on how to collect, date and securely store evidence.
Photos: How to document correctly
Photograph defects from multiple angles, record meter readings and show reference objects (e.g. a tape measure) so that size and location are visible. Pay attention to file names and backups, and if possible save a photo showing the date or a current timestamp.[1]
- Take multiple perspectives, including close-up and wide-angle (photo).
- Clearly photograph and note meter readings (record).
- Show a reference object for scale (evidence).
- Make the date visible in the file name or with the device (calendar).
Handover Report: What to include
A written report should contain the date, time, meter readings, condition of the rooms and existing defects. Have the report signed or confirmed by all parties and make a copy for your records.[1]
- Date and exact time of the handover appointment (calendar).
- Detailed description of all visible defects (record).
- Signatures of tenant and landlord where possible (form).
- Note on handed-over keys and meter readings (document).
Witnesses: How to document statements
Witnesses can confirm when a condition existed or how a defect looked. Ask witnesses for a short written confirmation with date, signature and contact details or prepare a prompt witness note.[2]
- Record the witness statement briefly with date and contact details (evidence).
- If possible, have the statement signed or confirmed by e‑mail (contact).
Frequently Asked Questions
- Which photos help me as a tenant?
- Photos help to prove condition, defects and meter readings. Photograph multiple perspectives, close-ups of damage and views of adjacent areas to show location and size.
- Is a handover report mandatory?
- A written handover report is not legally mandatory in all cases, but it is strong evidence. A signed report reduces later disputes and is recommended in many situations.[1]
- What if the landlord does not accept evidence?
- Note the refusal, collect further evidence and consider legal steps at the district court; professional legal advice can help.[2]
How-To
- Take photos: Document defects, meter readings and reference objects (photo).
- Create a report: Note date, time, condition and signatures (form).
- Secure witnesses: Collect written confirmations with contact details (contact).
- Store: Make backups and organize documents chronologically (record).
- In conflicts: Consider advice or court clarification at the district court (court).
Help and Support / Resources
- [1] RIS - Mietrechtsgesetz (MRG)
- [2] Justice - Information on courts
- [3] JustizOnline - Forms and e‑services
