Tenant Rights: Avoid Refund Claims in Austria

What Tenants Should Know About Refund Claims

As a tenant in Austria, you should know that refund claims must be justified and supported by evidence. Maintenance and repair duties and typical legal bases are found in the Mietrechtsgesetz; always check the statutory basis for claims.^[1]

Which Documents You Should Collect

• Rent payments and receipts (payment)
• Correspondence, emails and forms (evidence)
• Photos of damage and repair reports (repair)
• Notices and formal letters (notice)
• Witness and contact details (contact)

How to Respond Formally

Respond factually and in writing: request a detailed breakdown for unclear claims and send only copies. For formal filings and e-services use JustizOnline.^[2] For ongoing disputes the district court (Bezirksgericht) is competent; check procedures and deadlines there.^[3]

FAQ

1. Do I have to send all requested documents immediately?

No. You may first ask for clarification and send copies only. Request justification and check the legal basis (e.g. MRG).^[1]

2. What if I dispute an invoice or claim?

Respond in writing, provide evidence and monitor deadlines. If disputed, you can file a lawsuit at the district court.^[3]

3. Which forms exist for court actions?

Many forms and e-services are available via JustizOnline; use these for formal submissions.^[2]

How-To

1. Check the claim and note date, amount and justification (evidence).
2. Collect evidence: photos, receipts, repair reports (repair).
3. Send a factual written response and request a detailed breakdown (notice).
4. Seek advice from tenant associations or a lawyer if needed (contact).
5. If the dispute continues, file a lawsuit at the district court (court).

Key Takeaways

• Collect evidence promptly and keep it organized.
• Respond in writing and within deadlines.

Help and Support / Resources

• [1] RIS – Legal Information System of the Republic of Austria
• [2] justiz.gv.at – Information about courts
• [3] JustizOnline – Forms and e-Services

1. [1] RIS – Mietrechtsgesetz (MRG) Text
2. [2] JustizOnline – e-Forms and Services
3. [3] justiz.gv.at – Information about courts