Tenants: Who Pays for Document Inspection? Austria
Many tenants in Austria wonder who bears the costs when inspection of receipts, statements or rental contracts is requested. This guide explains in plain language what rights tenants have, which documents landlords must provide and how to securely document evidence. You will learn about deadlines, practical steps to request inspection, possible cost points and how to respond if inspection is refused. The information is based on the rental law framework and court practice in Austria and is suitable for primary tenants and subtenants. Where possible we name concrete deadlines and practical templates so you can act purposefully.
What does inspection of documents and contracts mean?
Inspection means that tenants can understand how operating costs, utility charges or contractual clauses are calculated. Rights can arise from the Tenancy Law (MRG) and general tenancy rules contained in the ABGB[1][2]. In many cases the landlord must present comprehensible documents or make copies available so that statements can be checked.
When can a tenant request inspection?
Tenants can request inspection when there are discrepancies in operating cost statements, demands for additional payments or questions about subtenancy agreements. Typical situations include disagreements over the utility bill, claims for back payments or questions about terms affecting the tenant.
- Rental contract or a copy of the signed agreement
- Operating cost statement and the underlying invoices
- Payment receipts for rent and operating costs
- Correspondence or formal notifications regarding the statement
Which costs may arise?
Generally, tenants should not pay for the mere presentation of statements. Costs may occur if large volumes of copies are made or an extraordinary audit is commissioned. In such cases, the landlord should present a transparent cost breakdown and justify it if necessary.
Steps if inspection is refused
If the landlord refuses inspection or does not respond, the following steps are advisable: send a written request with a deadline, document communication and seek advice from tenant associations or legal counsel. If necessary, judicial action can be considered.
FAQ
- Can the landlord charge copying costs?
- Yes, in justified cases the landlord may charge a reasonable fee for extensive copies, but the amount must be transparent.
- Does a subtenant have the same inspection rights as the primary tenant?
- Subtenants have rights insofar as they are a contracting party or regarding costs that directly concern them; if in doubt, legal clarification is advisable.
- How quickly must the landlord respond?
- There is no uniform statutory deadline, but a timely, reasonable response is expected; set a written deadline and document everything.
How-To
- Draft a written request clearly referencing the documents you want and set a reasonable deadline.
- Send the request by registered mail or email and keep proof of sending and receipt.
- If there is no response, document missed deadlines and contact a tenant advice service.
- Consider the possibility of a court claim at the district court if inspection is denied.
Key Takeaways
- Tenants have the right to review statements and supporting documents.
- Set clear deadlines and document communication in writing.
- Seek legal advice if inspection is refused.
Help and Support
- [1] RIS - Legal Information System of the Republic
- [2] justiz.gv.at - Judicial Information
- [3] JustizOnline - E‑Gov Services
