What tenant data can landlords request in Austria
As a tenant in Austria you may wonder which documents and personal data a landlord may request. This text explains clearly how data protection (DSG)[1] and tenancy law interact, which details are common — such as proof of income, ID copy or credit checks — and what limits apply. You will learn when a request is permissible, which data is off-limits or specially protected and what rights you have when information is requested or shared. We also show practical steps: how to limit documents sensibly, which lease clauses to watch for and how to get legal support. The aim is to make you able to act and to protect your privacy.
Which data may landlords request?
In principle, a landlord may only request data that is necessary for concluding or performing the tenancy and is legally justified. Relevant legal bases include the Mietrechtsgesetz (MRG)[2] and data protection rules that require purpose limitation and proportionality.
- Proof of income (salary proof, payment)
- Proof of rent payments / payment record
- Certificate of no rent arrears (reference, proof)
- Completed tenant self-disclosure form (form)
- ID copy (document, ID)
Which data is prohibited or specially protected?
Special categories of personal data — for example health data, religious or political beliefs, or ethnic origin — are generally not permissible; information that goes beyond what is necessary must not be requested. Personal bank details or social security numbers are especially sensitive and require a legal basis.
- Health data (privacy)
- Religious or belief data (privacy)
- National identification numbers without legal basis (privacy)
How are data processed and stored?
Landlords must process data for a specific purpose, minimally and only as long as necessary. Technical and organizational measures for storage and access restrictions are required. Request information about stored data and demand deletion when the purpose has expired.
- Duty to inform: state purpose and legal basis
- Limit and document retention periods
- Restrict access rights (privacy)
What to do if unlawful data is requested?
If you believe a landlord requests unlawful data, document the request in writing, ask for the legal basis and limit the disclosure to the necessary minimum. For unjustified demands you can formally object and seek support from advisory bodies or legal counsel.
- Request the purpose and legal basis in writing
- Contact tenant advice centers or legal services
- Consider court clarification at the district court
FAQ
- Can a landlord request a copy of my ID?
- Yes, a copy can be requested for identity verification, but it may only be used for the stated purpose and must not be shared unnecessarily.
- Do I have to provide a credit check?
- A credit check is common but not mandatory in all cases; processing must be proportionate and comply with data protection rules.
- What can I do if data was shared?
- Request information about recipients, demand deletion of unauthorized copies and consider legal action or a complaint to the data protection authority.
How-To
- Collect evidence of all requests and responses as proof.
- Ask the landlord in writing for the legal basis and purpose.
- Limit the information you provide to the necessary minimum.
- Seek advice from tenant organizations or legal counsel for next steps.
Help and Support / Resources
- RIS – Rechtsinformationssystem des Bundes
- Justiz.gv.at – Information for citizens
- JustizOnline – Forms and services
