Tenant Security Deposit & Deposit Account Austria
As a tenant in Austria, handling the security deposit and a deposit account correctly for short-term rentals is important to protect your rights and avoid later disputes. This article explains in plain language what obligations landlords and tenants have, how a deposit account works, typical deadlines, and how you can securely request the return of your deposit. You will find practical action steps, suggested wording for a letter to the landlord, and tips on which receipts and photos to collect. The guidance is based on Austrian legal sources and also shows when court action may be appropriate and which documents a district court will need.
Keep all rent and deposit payment receipts stored safely.
What is a security deposit and a deposit account?
The security deposit is an amount the tenant provides to the landlord as a guarantee. In short-term rentals, the deposit is often managed for a limited time; a separate deposit account is recommended so the funds are kept separate from the landlord's private assets. Legal details on tenancy law in Austria can be found in the relevant legislation.[1]
Respond to legal letters within the deadline to avoid disadvantages.
Rights and obligations explained
Key points for tenants:
- On payment: Always get a receipt for the deposit.
- Evidence: Take photos of the apartment condition at move-in and move-out.
- Written communication: Request the refund in writing and document deadlines.
If the landlord claims deductions, ask for a detailed breakdown and supporting receipts.
Detailed documentation increases your chances of full refund.
Short: Deadlines and form
Specific deadlines may be in the lease; generally, give the landlord a reasonable period to refund (e.g., 14–30 days). Send your refund request by registered mail or email with read receipt and specify a clear deadline.
Common mistakes to avoid
- No written proof: Never rely solely on verbal agreements without evidence.
- Incomplete documentation: Missing photos or move-in protocols make enforcement harder.
FAQ
- Can the landlord simply keep the deposit?
- The landlord may only set off legitimate claims against the deposit and must substantiate them. Unclear or lump-sum withholdings can be challenged.
- Does the deposit have to be held in a special account?
- A separate deposit account is recommended to avoid mixing funds with private assets; specific obligations can be contractually agreed.
- How long can the landlord delay the refund?
- There is no single uniform deadline; 14–30 days is often considered reasonable; set a clear payment deadline in writing.
How-To
- Collect evidence: Prepare receipts, move-in and move-out photos, and the lease contract.
- Send a formal refund request: Include a deadline and send by registered mail or email with read receipt.
- Prepare for court: If the landlord does not respond or refuses payment, use mediation services or file a claim at the district court; use JustizOnline forms if needed.[2]
Key notes
- Communicate factually and keep records to avoid misunderstandings.
- Protect your rights by responding to claims within deadlines.
Help and Support / Resources
- RIS - Legal Information System of the Federal Government
- Justice - Information on Courts and Procedures
- JustizOnline - Electronic Forms
