Tenant: Get Security Deposit Back in Austria

As a tenant in Austria, you need clear information about which documents are required so that the security deposit is returned on time at the end of the tenancy. Many disputes can be avoided if you collect rental agreements, payment receipts and handover protocols early. This guide explains in plain language which documents landlords may legally require, which deadlines apply and how to assert claims correctly. I describe practical steps for organizing records, communicating with the landlord and preparing for possible court proceedings at the district court.^[2] The aim is to support you as a tenant so that the deposit refund proceeds without unnecessary delay and your rights in Austria remain protected. Read on for concrete checklists and practical tips.

Which documents you should collect

Before requesting the refund, check that you have all relevant receipts in order. In particular, gather:

• Payment receipts for the deposit (payment, deposit: transfers, receipts)
• Handover protocol with defects and meter readings (evidence: protocols, photos)
• Photos and documentation of damages on moving out (evidence: photos, video)
• Written correspondence with the landlord (notice, communication: emails, letters)
• Invoices for repairs carried out (payment, receipts: tradesman invoices)

How to prepare the refund claim

Prepare a short, clear claim: move-out date, deposit amount, complete payment receipts and a deadline. Attach copies, not originals. Phrase the request in a factual tone and demand the refund in writing (email is sufficient, additionally by registered mail if necessary). If you cite the tenancy law or relevant lease clauses, attach corresponding excerpts or copies.^[1]

Setting the deadline

Typically set a deadline of 14 to 30 days for the refund. If the landlord claims deductions, request a detailed breakdown of the items and supporting documents.

What to do if the landlord does not pay

If no payment occurs after the deadline, follow these steps:

1. Send a reminder and demand in writing (notice, reminder: claim letter with deadline)
2. Contact and offer a payment plan (contact, help: document calls)
3. If no agreement, file a claim at the competent district court (court, file: submit lawsuit)^[2]
4. Include organized evidence and name witnesses in writing (evidence: documentation, photos)

FAQ

What deadline does the landlord have to return the deposit?

There is no single statutory deadline; the refund must be made promptly after settlement. In practice, periods of a few weeks to a few months are common.

Which documents do I need to claim the refund?

Lease agreement, deposit payment receipts, handover protocol, photos from moving out, invoices for repairs and written correspondence with the landlord.

Where can I turn if the landlord does not pay?

First send a written reminder and set a deadline; if unsuccessful, you can file a claim at the district court. If needed, use JustizOnline for court submissions.^[3]

How-To

1. Collect: Assemble all relevant documents (evidence: lease, payment receipts, photos).
2. Written claim: Send claim with evidence and a clear deadline to the landlord (notice, file a request).
3. Follow up: Call and document the conversation (contact, follow up).
4. Legal steps: If necessary file at the district court and use JustizOnline (court, file).
5. Finish: When paid, request a receipt and archive the documents (approved, success).

Help and Support / Resources

• [1] RIS - Legal Information System of the Republic
• [2] Justice - Court and procedure information
• [3] JustizOnline - Electronic forms and submissions

1. [1] RIS - Mietrechtsgesetz (MRG)
2. [2] Justiz - District courts and procedure information
3. [3] JustizOnline - Court submissions and forms