Tenant Rights in Austria: Cleaning & Deposit
As a tenant in Austria, you may wonder whether the landlord can require a final cleaning or how much of the security deposit can be withheld. This article clearly explains which legal rules apply, how the Tenancy Law (MRG)[1] is applied for compensation and deductions, and which pieces of evidence you should collect. You will learn which costs are common, when the landlord can claim flat cleaning fees and which deadlines apply for returning the deposit. Practical tips show how to use handover protocols and take legal action against unjustified deductions so you know and can enforce your rights as a tenant in Austria. At the end you will find concrete steps for reclaiming funds and guidance on court procedures.
What landlords may charge
Landlords may charge costs caused by damage or excessive dirt that go beyond normal wear and tear. Flat fees are only permissible if they are clearly agreed in the contract and reasonable. In disputes, the district court is often responsible; there, evidence and handover protocols can be decisive.[2]
Specific rules for final cleaning
Final cleaning costs must be proportionate. A landlord cannot automatically withhold the full deposit just because they want a cleaning. It matters whether normal cleaning suffices or whether repairs or special cleaning are required.
- Check the deposit (deposit) and keep proof.
- Take photos of damage (photo) and secure dates.
- Create a handover protocol (record) and have the landlord sign it.
- Clarify final cleaning (cleaning) or prove that it is reasonable.
- Observe deadlines for deposit repayment (days).
Evidence and handover protocol
Collect photos, invoices and witness statements. A detailed handover protocol with meter readings and the condition of the apartment reduces the risk of unjustified deductions. Keep all receipts, letters and emails.
Deadlines and deposit repayment
There is no single nationwide deadline that applies to all cases. It is common for landlords to account and return the deposit within a few weeks to months. Set a written deadline for return and request an itemized statement of deductions. If repayment fails or deductions are unclear, you can send a formal reminder and ultimately consider legal steps.
FAQ
- Can the landlord demand a flat final cleaning fee?
- Only if the flat fee is clearly and reasonably agreed in the lease; otherwise it can be challenged.
- When can the landlord deduct from the deposit?
- For proven damages or unusual dirt, not for normal wear and tear.
- How long does the landlord have to return the deposit?
- There is no fixed deadline in the MRG; usually a few weeks to months; consider legal action if necessary.
How-To
- Collect photos and documents (photo).
- Send a written demand to the landlord and set a deadline (file).
- Let the deadline pass and send a reminder if needed (within days).
- If needed, file a claim at the district court and present evidence (court).
