Tenants: Lost Keys & Deposit Rules in Austria

As a tenant in Austria, a lost apartment key can quickly lead to uncertainty and disputes over the security deposit. Many tenants underestimate which costs landlords may claim and what rights you have, for example regarding lock replacement or justified deductions from the deposit. This article explains in practical terms which mistakes commonly occur after a lost key, how to secure evidence, observe deadlines and communicate effectively with the landlord. You will also find guidance on when to consider legal steps and which authorities or courts are competent in Austria. Stay calm and document every step — this increases your chances of avoiding unnecessary deposit deductions.

What happens when a key is lost?

If a tenant loses a key, the landlord may take security measures and possibly claim costs. Whether and to what extent costs are permissible depends on the lease and the Mietrechtsgesetz (MRG)^[1]. Important: flat deductions from the deposit without receipts are problematic, and proportionality often decides legal outcomes.

Common mistakes

• Deposit (deposit) is reduced flat-rate without proof or invoice.
• Initiating a lock change (lock) and immediately charging the tenant full costs without an estimate.
• Failing to secure evidence: no photos, no witnesses, no handover record.
• Ignoring deadlines (deadline) for damage notification or return, thereby risking claims.

What to do: Action steps

1. Inform the landlord immediately in writing and document the notification (contact).
2. Secure evidence: photos of the lock, timestamp, witnesses and all messages (lock, evidence).
3. Request an estimate and receipts before making any payments (deposit).
4. If there is a dispute, check deadlines and consider court action at the district court (court).^[2]

FAQ

Who pays for a lock change?

It depends on the cause: if the tenant caused it by negligence or intent, costs may be charged; if unknown or due to third-party access, a balancing is needed; check the lease and MRG rules.^[1]

Can the landlord deduct from the deposit if a key is lost?

Yes, but only for proven, reasonable costs. Flat or excessive deductions are not permitted without invoices or proof.

What should I do immediately after losing a key?

Inform the landlord in writing, secure evidence, request cost estimates and save all messages. If necessary, consider legal steps using JustizOnline.^[3]

How-To

1. Step 1: Report the loss in writing to the landlord and note date and time.
2. Step 2: Take photos of the lock and collect witness statements.
3. Step 3: Request an estimate and an invoice before agreeing to payments.
4. Step 4: Check deadlines and, if necessary, file a claim at the competent district court.^[2]

Help and Support / Resources

• Mietrechtsgesetz (MRG) in the RIS
• Information on courts and procedures (Justiz)
• JustizOnline: forms and e-services

1. [1] Mietrechtsgesetz (MRG) in the RIS
2. [2] Justice: district courts and competencies
3. [3] JustizOnline: electronic forms