Tenant Rights: Can Landlord Use Evidence? Austria

As a tenant in Austria, you often face questions when a landlord takes photos, prepares reports or names witnesses. This page explains clearly which pieces of evidence landlords are generally allowed to collect, when they must respect your privacy and what rights you have as a tenant. We cover common situations — move-out clean states, damage reports or suspected contract violations — and show practical steps: which documents you should collect, how to observe deadlines and when legal advice makes sense. We also explain how documentation can be used in court and when objections to unlawful evidence collection may succeed. This strengthens your position against the landlord.

Evidence collection by the landlord

Landlords may generally collect evidence if it is necessary to enforce legitimate claims. In Austria, the Mietrechtsgesetz and judicial practice mainly define the framework for admissible evidence^[1]. Photos of damage, handover reports or witness statements can be admissible but must be proportionate and comply with data protection rules.

Which types of evidence are admissible?

Typical and generally admissible pieces of evidence include:

• Photos of visible damage or defects, taken with date and context.
• Handover or damage reports documenting condition and involved parties.
• Witness statements from neighbors or tradespeople about specific incidents.
• Written communication and receipts about notifications, repair requests and appointments.

Limits and privacy

There are clear limits: landlords may not arbitrarily interfere with your privacy, may not enter the flat without permission, and may only process personal data for specific purposes. In case of doubt, district courts can be asked to review admissibility in a dispute^[2].

• No entry without permission or legal basis.
• Data protection: photos showing personal items can be problematic.
• Retaliation is not allowed; document every request you receive.

FAQ

Can a landlord take photos in my flat without permission?

Generally no; photographing private rooms without consent or a pressing legal reason is not permitted.

Can a report serve as evidence in court?

Yes, a well-documented handover or damage report can serve as evidence, especially if signed by both parties.

How should I respond to witness statements by the landlord?

Gather your own evidence, note names and contacts, and check the statement for inconsistencies with your records.

How-To

1. File a written objection: send the landlord a brief written protest and request that the action stop, noting date and content.
2. Collect evidence: take your own photos, save messages and receipts with dates.
3. Seek contact: consult tenants' associations or advisory services for an initial assessment.
4. Prepare court action: if necessary, organize documents for the district court and file a claim or request for information.

Help and Support

• RIS - Legal Information System of the Republic of Austria
• Justice Service and Court Information
• JustizOnline - Forms and Procedures

1. [1] Mietrechtsgesetz (MRG) — RIS
2. [2] Courts and Procedures — Justice