Tenant Rights: Gathering Evidence in Austria
What Counts as Evidence?
As a tenant in Austria, any documents and records that prove condition, timings or agreements count: photos, videos, written logs, e‑mails, receipts and witness statements. Some evidence is stronger when date and time are shown or when multiple independent items exist.[1]
- Photos with date and time document visible damage.
- Videos showing condition, noise or recurring issues are highly informative.
- Written defect logs, e‑mails and messages record communication and deadlines.
- Receipts for repairs or replacements prove costs and actions taken.
- Witness statements with contact details support your account.
How to Document Correctly
Photos and Videos
Take photos of damage from multiple angles, make close-ups and overall shots, and save date/time information. If possible, use camera or file metadata and take regular recordings to show changes.
Logs and E‑Mails
Keep a defect log with date, time, a short description and requested measures. Send written defect notices by e‑mail or registered letter and keep read receipts or delivery confirmations.
Witnesses
Collect short written statements from neighbors or roommates with contact details; state the date and observation. Witnesses are especially helpful for recurring issues like noise or unauthorized entry.[2]
- Always note date and time of each observation.
- Store copies of communications (e‑mails, SMS, letters).
- Keep photos/videos unchanged and create backups.
- Record witness contacts and short statements in writing.
Legal Use of Evidence
In Austria, tenancy law (MRG) and general civil law regulate how evidence may be used; be aware of formal requirements and deadlines when preparing rent reductions, damages claims or termination notifications.[1] For court matters, the district court is usually the first instance; check jurisdiction and deadlines early.[2]
FAQ
- Can I use photos as a tenant in court?
- Yes. Photos and videos are admissible evidence, especially if date/time are visible or metadata exist. Complement images with logs or witness statements.
- Do witnesses need to testify in writing?
- Witnesses can testify orally or in writing; however, a written statement with contact information is often more helpful for proceedings.
- What should I do if eviction or termination is threatened?
- Act quickly: document all relevant facts, check deadlines and seek legal advice or support from mediation services.
How-To
- Collect photos, videos and receipts immediately when a defect occurs.
- Create a written defect log and send it to the landlord by e‑mail or registered mail.
- Observe statutory or contractual deadlines for defect notices and responses.
- Secure witness statements in writing with contact details.
- If disputes persist: submit documents to mediation services or the district court and prepare evidence in order.
Key Takeaways
- Photos and written logs are central evidence.
- Deadlines and formal requirements must not be overlooked.
- Witnesses strengthen your position when contact details are recorded.
