Who Pays Deposit Deductions? Tenants in Austria
As a tenant in Austria you may wonder: who bears the costs for permitted deductions from the security deposit? In many cases a landlord may only deduct concrete, provable damages or outstanding payments from the deposit. Important steps are documenting the condition at move-in and move-out, sending written requests and observing deadlines. This text explains clearly which deductions are common, which receipts you need and how to respond if you consider a deduction unjustified. The information refers to Austrian law and helps you protect your rights as a tenant and avoid unnecessary costs.
When are deductions permitted?
Deductions from the deposit are permitted when a landlord proves that costs for repairs, cleaning or outstanding payments have arisen and these are not covered by normal wear and tear. The landlord must document the damages and present the costs in a comprehensible way. If unclear, tenants should demand a detailed written statement and provide photos or move-in/out protocols.
Which costs may the landlord deduct?
- Repairs for damaged fixtures that exceed normal wear and tear.
- Outstanding rent or operating costs that are contractually agreed and provable.
- Costs for necessary final cleaning if the soiling exceeds normal use.
How to respond if you dispute a deduction?
Request a detailed statement and receipts. Explain your objection in writing and set a deadline for clarification. Collect evidence such as photos, move-in/out protocols or witnesses. If no agreement is possible, you can resolve the dispute at the district court or contact a conciliation body. Mention relevant legal bases in correspondence to support your claim[1].
Evidence and move-in/out protocols
A move-in/out protocol reduces disputes. Note damages, read the lease carefully and keep all receipts for repairs and payments. Bank statements help prove unpaid rent. Good documentation strengthens your position if a landlord withholds too much from the deposit.
Deadlines and formalities
The landlord should return the deposit after the tenancy ends and open claims have been clarified or provide a statement. Give the landlord a reasonable deadline for repayment or accounting and record all deadlines in writing. Court proceedings involve further procedural deadlines at the district court[2].
Common mistakes to avoid
- Not taking photos or creating a move-in protocol.
- Only objecting verbally instead of in writing with a deadline.
- Not seeking legal help or conciliation in time.
FAQ
- What about normal wear and tear?
- Normal wear and tear cannot be deducted from the deposit; only damage beyond usual use may be deducted.
- How detailed must the accounting be?
- It should include individual items, invoices or estimates and proof so tenants can review the claim.
- Where can I turn in case of dispute?
- Many tenants contact the district court or use conciliation bodies; for formal claims documents are submitted to the court.
How-To
- Take photos at move-in and create a move-in protocol.
- Put your objection in writing and set a deadline for clarification if a deduction occurs.
- Collect receipts and, if necessary, initiate a claim or conciliation at the district court.
Help and Support / Resources
- [1] RIS - Legal Information System of the Federal Government
- [2] Justice - Information and Services
- [3] JustizOnline - Forms and Filings
