Tenant Template: Damage & Deposit in Austria
As a tenant in Austria, damage to the apartment and questions about the deposit can cause uncertainty. This guide explains in plain language which types of damage are common, how to collect evidence and observe deadlines under tenancy law. You will receive a template correspondence, advice on formal documentation and concrete steps to reclaim the deposit or contest unjustified deductions. Practical tips help with photographing defects, keeping an inventory protocol and responding promptly to landlord letters. The guide is designed for tenants without legal expertise and points to official agencies and forms so you can effectively assert your rights in Austria.
What counts as damage?
Damage refers to impairments to the structure or fixtures of the apartment that go beyond normal wear and tear. Typical examples include damaged flooring from improper installation, burn marks or damage caused by improper pet ownership. Minor signs of use are often not deductible; when in doubt, documenting move-in and move-out conditions helps.
Documentation steps
- Take photos (photo) with date, time and close-ups of all affected areas.
- Record defect descriptions in writing (document) and send to the landlord.
- Document correspondence by registered mail or email with read receipt (notice).
- Collect invoices and quotes (rent) for repair costs.
How this affects the deposit
The deposit serves as security for the landlord's claims, such as unpaid rent or repairs for justified damage. Claims against the deposit must be specified and supported by evidence; the landlord may not simply apply the deposit without proof. If unclear, request a written breakdown of any deductions.
Template: Report damage and request deposit
Below is a short template you can adapt. Send it by registered mail or as an email with read receipt and keep proof of dispatch.
Sample text (short)
Dear Ms./Mr. [Landlord Name],
I hereby report damage in the rented apartment at [Address], discovered on [Date]. I enclose photos and a short description and ask you to confirm receipt and inform me whether you will arrange an inspection. I also request return of the deposit in the amount of [Amount] within 14 days if there are no justified deductions.
If the landlord makes deductions
- Request a detailed breakdown of deductions including supporting documents (notice).
- Check documents and obtain your own quotes if needed (document).
- Seek a conversation and set a deadline for clarification (contact).
Legal steps and deadlines
If no agreement is reached, tenants can assert claims in court; typically the district court is competent. Pay attention to limitation periods and respond promptly to reminders or lawsuits. For legal questions or to submit forms, JustizOnline can help.[2] The provisions of the MRG are decisive for interpretations of tenancy law.[1]
Frequently Asked Questions
- Who bears the burden of proof for damages?
- The landlord must justify deductions from the deposit and present evidence; the tenant can provide counter-evidence through photos, move-in reports or witnesses.
- How long does the landlord have to return the deposit?
- There is no uniform statutory deadline, but a reasonable period of a few weeks to months is common; document all communications.
- What is the role of the move-in/move-out protocol?
- A signed move-in/move-out protocol by both parties is strong evidence in later disputes.
How-To
- Collect photos, videos and timestamps (photo) immediately upon discovering defects.
- Send a written damage report to the landlord and request confirmation (notice).
- Request an itemized list of deductions and compare with your own quotes (rent).
- If necessary, file a claim at the competent court or use mediation services (court).
Help & Support
- [1] RIS - Federal Law (Mietrechtsgesetz, MRG)
- [2] Justice - Information and Courts
- [3] JustizOnline - Forms and e-Filing
