What tenant data landlords can request in Austria
As a tenant in Austria, you may wonder which personal data or documents a landlord is allowed to request. This article explains in plain language which information is common and legally permissible, such as identity data, credit reports or proof of income, and where data protection limits apply. You will learn when written consent is advisable, how long data may be stored, and which documents can be handed over without unnecessarily risking your privacy. We also provide practical steps to protect your data and how to respond if unlawful requests are made. At the end you will find links to official authorities and advice on how to get support.
Common documents landlords ask for
Many landlords request certain documents to check identity and ability to pay. Common requests include:
- Proof of identity (passport, ID card)
- Registration certificate or proof of residence
- Proof of income (pay slips, employment confirmation)
- Credit reports or credit information
- Proof of previous rent payments
- References or certificates from previous landlords
Detailed documentation improves your chances in disputes.
Data landlords should not request
Certain information is generally off-limits because it is particularly sensitive or protected by data protection rules. This includes health data, intimate details, or political/religious affiliation.
- Health data (diagnoses, therapy)
- Religious or party affiliation
- Unsolicited intimate details
Respond to requests in writing and keep copies.
Data protection and storage
Legal bases such as the Tenancy Act (Mietrechtsgesetz) and data protection rules determine which data may be requested and how long it may be retained.[1]
As a tenant you have the right to ask why data is needed and to request a copy of documents handed over. Unnecessary data should not be given or must be deleted once the purpose no longer applies.
What tenants can do
- Collect documents and make copies
- Ask the landlord in writing for purpose and legal basis
- Contact the data protection authority or legal advice if needed[2]
- Consider legal steps if necessary
Keep a copy of every document you hand over.
FAQ
- What can a landlord generally request?
- Landlords can usually request proof of identity, registration certificates and credit documents insofar as they are necessary to assess rental ability.
- Can the landlord ask for my bank details?
- Bank details may be relevant for SEPA direct debits, but should not be requested excessively; treat sensitive payment data with caution.
- What if unlawful data is requested?
- Point out data protection rules in writing and seek expert help; there are options to report this to authorities or courts. [2]
How-To
- Gather and copy all requested documents.
- Request in writing that the landlord explains purpose and legal basis.
- Contact the data protection authority or legal advice; use JustizOnline if needed[2].
- Consider steps at the district court if necessary.
Help and Support
- RIS: Legal texts and the Tenancy Act (MRG)
- Information on courts and procedures
- JustizOnline: Forms and e-services
