Tenant Privacy & Screening in Austria

As a tenant in Austria, it is important to know which personal data a landlord may request during screening and how to protect your privacy. This FAQ explains in plain language which documents are permitted, when data storage or credit checks are legally allowed, and what rights you have when requests are unlawful. You will receive practical tips for handling sensitive information, guidance on documentation, and a step-by-step procedure if a screening appears disproportionate. The goal is to provide tenants with orientation so you can set safe boundaries for your data and respond in time.

What may a landlord request during screening?

In principle, information that serves to assess payment ability and identity is permitted. These include common documents such as ID, proof of income and proof of previous rent payments. Relevant legal bases can be found in the Tenancy Law and civil law provisions.^[1]

• ID for identity verification
• Proof of income (income) for credit assessment
• Deposit amount / proof of payment ability (deposit)
• Proof of no rent arrears or references (evidence)

Especially protected data such as health information, religious affiliation or intimate details are not permissible. Questions about pregnancy, sexual orientation or political opinions are generally not for landlords to ask.

If you encounter an unusual or extensive credit check, document the name, date and copies of requested documents and ask for the legal basis.

What to do if a screening is unlawful?

Respond calmly and request a written explanation of why certain data is needed. Point out your rights and set a deadline for a reply. If you do not receive a satisfactory answer, you can consider legal steps and file a complaint. District courts (Bezirksgerichte) handle first-instance tenancy disputes.^[2]

Frequently Asked Questions

Which documents can I refuse to provide as a tenant?

You may refuse to hand over sensitive health data, information about sexual orientation, or political beliefs. For tenancy-relevant checks, usually an ID card and proof of income suffice.

Can a landlord obtain a credit report?

Yes, provided the query is proportionate and you are informed in advance. External credit checks must comply with data protection rules.

What does enforcing my rights cost?

Many initial consultations are low-cost or free at consumer centers; court actions can, however, incur fees.

Where can I turn if a landlord processes data abusively?

You can contact authorities, data protection offices or judicial bodies and request cessation and deletion if applicable.

How-To

1. Collect evidence: copies, emails and photos as proof (evidence).
2. Request a written explanation and set a deadline for reply (form).
3. Consider court action at the district court if no agreement is possible (court).
4. Seek support from advisory centers or attorneys specializing in tenancy law (contact).

Key Takeaways

• Keep dated records of all requests and submitted documents.
• Respond within set deadlines to preserve your rights.

Help and Support

• RIS - Tenancy Law (MRG) and legislation
• Justiz.gv.at - Information on court procedures
• JustizOnline - e-forms and electronic filings

1. [1] RIS - Tenancy Law (MRG) and relevant provisions
2. [2] Justiz.gv.at - Court competencies and procedures
3. [3] JustizOnline - Electronic forms and submissions