Tenant Rights: Handover Protocol at Move-Out in Austria
Many tenants in Austria wonder whether the landlord may require a handover protocol at move-out and which duties and rights arise from it. This protocol is intended to record condition, damage and meter readings and can influence deposit returns and claims. In this text I explain clearly when a handover protocol is customary, which contents are legally relevant, how you as a tenant collect evidence and observe deadlines. Practical steps are also available to avoid disputes or to seek a fair resolution in court. The information is oriented to Austrian tenancy law and shows how you can represent your interests as a tenant in a factual and legally secure way.
When is a handover protocol customary?
A handover protocol is often created at the apartment transfer to document the condition at move-out. It is legally useful because it serves later as evidence for damage or existing defects and thus can affect deposit issues [1]. The landlord may insist on a protocol, but the protocol itself must not be imposed unilaterally; a joint inspection with signatures of both parties is ideal.
What belongs in the protocol?
A complete handover protocol clearly and factually describes the relevant points of the apartment. Pay attention to as concrete wording as possible, meter readings and evidence for pre-existing damage.
- Condition of the apartment: walls, floors, heating and visible defects.
- Meter readings (electricity, water, heating) note exactly.
- Secure photos and documents as evidence.
- Signatures and forms (handover confirmation) of tenant and landlord.
Who signs and who may be present?
Normally tenant and landlord sign the protocol together. Third parties such as handover representatives or witnesses can also be present. If the landlord refuses to create a joint protocol, you should create your own documentation and, if possible, have a neutral person as witness.
What to do in case of dispute or refusal of a protocol?
If the landlord refuses creation or signing, prepare a detailed handover protocol yourself with photos and witness information and send a copy to the landlord by registered mail or with delivery proof. Always note deadlines and consider legal steps; in disputed cases a court clarification at the district court may be necessary [2][3].
Frequently Asked Questions
- Do I have to sign a handover protocol?
- No, you are not obliged to sign something you do not accept; your own documentation is important.
- What role does the deposit play in the protocol?
- The protocol influences whether and to what extent compensation for damage can be deducted from the deposit.
- What if the landlord makes additional claims?
- Request precise evidence and check deadlines; without proof additional claims are difficult to enforce.
How-To
- Inspect the apartment thoroughly and note defects (observe deadlines).
- Create and secure photos and written evidence.
- Sign the handover protocol together or record objections in writing (use a form).
- Keep a copy and clarify deposit matters with the landlord.
- In case of dispute observe deadlines and contact the district court if necessary.
Help and Support
- RIS – Legal Information System of the Republic
- Justiz.gv.at – Information about courts
- JustizOnline.gv.at – Forms and service
