Tenant: Who Pays for Handover Protocol? Austria
A handover protocol with photos is an important piece of evidence for tenants in Austria when it comes to damage condition, repairs, or returning the apartment. It shows precisely what condition existed at move-in or move-out and helps prevent unwarranted claims from the landlord. This practical guide explains how cost allocation, security deposit deductions and burden of proof are typically handled, which deadlines should be observed and when a court may be involved. Read the steps for correct documentation, tips for photos and check points before signing so you as a tenant can protect your rights and resolve conflicts objectively.
What is a handover protocol with photos?
A handover protocol documents condition and defects at move-in or move-out. Photos as an attachment strengthen evidentiary value because they show dating and visible condition. Record date, location and persons involved in the protocol and have both tenant and landlord sign.
Who pays for damages listed in the protocol with photos?
As a rule: landlords can charge for damages caused by the tenant; normal wear and tear is not charged. Photos help distinguish between wear from use and actual damage. If a defect already existed at move-in and is recorded in the protocol with a photo, the landlord cannot later charge it to the tenant.[1]
- Photos: Photograph corners, affected surfaces and close-ups of damage.
- Protocol: Note date, time, meter readings and who was present.
- Deposit: Deductions must be justified and documented.
- Deadlines: Respond to landlord claims within stated timeframes.
When can a court decide?
If there is a dispute over deposit deductions or repair costs, the district court is competent; documentation in the protocol including photos counts as key evidence. For many decisions the Tenancy Act (MRG) is decisive; check relevant paragraphs or seek advice.[2]
Practical steps for tenants
- Before moving in: Take photos of each room from several angles.
- At the protocol: Keep descriptions clear and concise, obtain signatures.
- For repairs: Request written confirmation of performed work.
- Observe deadlines: Respond promptly to claims.
Frequently Asked Questions
- Can the landlord contest photos afterwards?
- They can question authenticity, but complete metadata, date entries in the protocol and witnesses strengthen probative value.
- Do I as a tenant have to pay for renovations before moving out?
- Normal wear is borne by the landlord; for excessive damage the tenant can be liable if it is provable.
- When should I seek legal help?
- If landlord and tenant cannot agree and substantial deposit deductions or repair claims exist, the district court is the right venue.
How-To
- Take photos: Systematically photograph each room and every complaint.
- Fill out the protocol: Describe defects, note meter readings and get signatures.
- Collect receipts: Keep invoices and cost estimates for repairs.
- Observe deadlines: Respond within stated timeframes to claims.
- In case of dispute: Compile your evidence file and, if necessary, prepare a claim at the district court.
Key Takeaways
- Documentation with date and signatures protects tenants from later claims.
- Photos increase evidentiary value compared to text-only protocols.
- Deposit deductions must be traceable and evidenced.
