Tenant Rights: Move-in Protocol Photos in Austria
As a tenant in Austria, you may wonder whether a landlord may take photos during the move-in protocol and how your privacy is protected. This article explains clearly when photos are allowed, what rights tenants have regarding move-in protocols, and how you can secure evidence yourself. I outline practical steps: useful wording in the protocol, how to document photos properly, and when to raise objections. The aim is that you act calmly, meet deadlines, and present clear proof in disputes. The guidance follows Austrian law and practice but does not replace personal legal advice.
What is a move-in protocol?
A move-in protocol records condition, defects and meter readings at handover and serves as evidence for both landlord and tenant.[1]
May the landlord take photos?
Photos are generally an acceptable means of documentation if they record the factual condition and do not unnecessarily intrude on your privacy. Personal items, intimate areas or personal data should not be photographed without explicit consent.
When are photos permitted?
- To document defects and damages.
- As evidence in the handover protocol.
- With the tenant's express consent.
When are photos problematic?
- If they show private rooms or personal belongings.
- If sensitive or personal data are captured.
- If photos cause an unlawful disadvantage for the tenant.
Practical steps for tenants
- Store photos systematically and label them with dates.
- Note the date and time of the handover.
- Record objections in writing in the protocol and send them to the landlord.
- Keep a copy of the protocol and all photos.
- If necessary, observe deadlines and contact the district court.
FAQ
- Do tenants have to allow photos during handover?
- No, tenants do not have to allow all photos; only factual documentation is normally acceptable and private areas are protected.
- Can the landlord photograph personal items?
- Personal items should not be photographed without consent; such images can be rejected.
- How do I respond to unlawful photos?
- File an objection in the protocol, demand deletion and secure your own evidence; if needed, take legal steps.[2]
How-To
- Gather all photos and the signed protocol.
- Record all objections in writing and send them to the landlord.
- Observe deadlines for responses and legal actions.
- If necessary, present documents to the district court or use JustizOnline forms.
Key Takeaways
- Document damages systematically with date and description.
- Object immediately to unlawful photographs.
- Seek legal support early if unsure.
