Tenant rights: security deposit deductions in Austria
Understanding which deductions are permitted
In principle, the landlord may deduct costs caused by your use that go beyond normal wear and tear. This often includes repairs for damage, outstanding rent or proven cleaning costs. The Mietrechtsgesetz (MRG) can serve as guidance for the legal basis.[1]
Securing evidence and documentation
Good evidence often decides the success or failure of a claim. Photograph damages at move-in and move-out, keep invoices and all written communications, and prepare a handover report. Note the date and name of the contact person for verbal agreements.
- Take photos of the apartment condition at move-in and move-out.
- Create a handover report with signatures and keep a copy.
- Collect invoices for repairs and receipts for paid services.
- Save all letters and emails with dates.
Deadlines and formal steps
Check the deadlines stated in the lease and respond promptly to claims. Many disputes can be avoided if you lodge an objection or send a detailed statement within short deadlines. For larger disputes, it may be sensible to seek legal advice or contact a mediation service.
What to do if you suspect an unjustified deduction?
Request a detailed breakdown of the deductions with supporting documents from the landlord. If no agreement is reached, consider mediation services or the district court as the competent authority for tenancy disputes.[2]
- Request an explanation and supporting documents for the deduction in writing.
- Contact a mediation service or obtain legal advice if no agreement is reached.
- If necessary, file a claim at the competent district court and present your documentation.
FAQ
- Which costs may the landlord deduct from the deposit?
- The landlord may deduct justified costs for damage beyond normal wear and tear, outstanding rent claims and proven cleaning costs if these are evidenced.
- How long does the landlord have to assert deductions?
- There is no uniform nationwide deadline for all cases; check the lease and respond promptly as delays can affect the evidentiary situation.
How-To
- Document the condition of the apartment with photos and a signed handover report.
- Request a detailed breakdown and supporting documents for each deduction in writing.
- Contact a mediation service or get legal advice if no agreement is reached.
- If necessary, file a claim at the competent district court and present your documentation.
Help and Support
- [1] RIS - Legal Information System of the Republic of Austria
- [2] Justice Portal Austria
- [3] JustizOnline - E‑Services
