Tenant Rights: Deposit for Short-Term Rentals in Austria

As a tenant in Austria, you may often face questions about deposits for short-term rentals, setting up a deposit account and possible objections or complaints. This guide explains in plain language what rights and obligations you have, how a security deposit should be legally held and which deadlines apply for objections. We show step by step how to collect evidence, which forms and courts may be relevant and what options exist if the refund is delayed or a deduction is demanded. The goal is that you as a tenant can make decisions with confidence and effectively assert your rights against the landlord. Read on for concrete action steps.

What applies to deposits and short-term rentals?

The deposit serves to secure the landlord's claims, e.g. for outstanding rent payments or damages. In many cases the deposit is kept in a designated deposit account; the exact legal treatment is governed by the Mietrechtsgesetz (MRG) and specific contractual agreements^[1].

• The amount of the deposit and its use should be clearly regulated in the rental agreement.
• A deposit account often protects both parties; inform yourself about how the account is managed.
• Document condition at move-in and any defects at move-out with photos and a handover protocol.

If the refund is delayed

If there is a delayed refund or unjustified deductions, you should first complain in writing to the landlord and set a deadline. Phrase the demand clearly, attach evidence and state a reasonable deadline for the refund.

• Send a written request to the landlord demanding the refund.
• If needed, attempt mediation or contact a conciliation office.
• If there is no response, filing a lawsuit at the district court may be appropriate^[2].

Objection and complaint: typical steps

An objection or complaint often begins with a formal written statement. Pay attention to deadlines and forms set out in your lease or by law. Collect evidence, create a timeline of events and keep all replies in writing.

Important action steps

1. Check deadlines: note when an objection or lawsuit is possible.
2. Draft a formal complaint: date, claim, attach supporting documents and set a deadline.
3. Collect evidence: photos, payment receipts, handover protocols and witness names.
4. If necessary: file a lawsuit or claim at the competent district court^[2].

FAQ

Who must keep the deposit in a deposit account?

The obligation to keep it may arise from the rental agreement or legal provisions; pay attention to clear clauses in the contract and ask for written confirmation if unsure.^[1]

What deadlines apply for objections to deposit deductions?

Deadlines may vary. Always set a written deadline for repayment and check the contractual or statutory deadlines; note all dates.

Which documents are important for a complaint?

Photos of the apartment condition, handover protocols, payment receipts, correspondence with the landlord and witness names increase the chances of success.

How-To

1. Check and record deadlines.
2. Send a written complaint to the landlord and attach evidence.
3. Organize evidence and handover protocols.
4. If the deadline is ignored: prepare and file a lawsuit at the district court^[2].

Key Takeaways

• Document condition and payments comprehensively.
• Observe deadlines for objections and legal steps.
• Check whether a deposit account is maintained and request proof.

Help and Support / Resources

• Mietrechtsgesetz (MRG) — RIS
• Forms: Claims and court filings — JustizOnline
• Courts and procedures information — Justiz

1. [1] Mietrechtsgesetz (MRG) — RIS
2. [2] Bezirksgerichte und Verfahren — Justiz