Who Pays Rent and Deposit for Short-Term Rentals in Austria

As a tenant in Austria, questions about rent and deposit often arise with short-term rentals. Who bears which costs, when can a landlord request a deposit, and how is the deposit held? This article explains in clear language the obligations of tenants and landlords, how billing and refunds work, and which deadlines apply. You will receive practical steps for handover, documenting damages, and guidance on how to proceed in case of disputes. Specific references to official rules and legal paths are given so you can better assess your rights as a tenant in Austria.^[1]

Who pays for short-term rentals?

For short-term rentals, the tenant generally pays the agreed rent. A deposit may be required if stipulated in the contract. The type of rental agreement and the agreed period influence responsibilities: very short rentals (e.g., holiday apartments) often follow different practices than classic tenancy agreements under the Mietrechtsgesetz; therefore check the contract and the arrangements carefully.^[1]

Role of rent, deposit and utilities

Distinguish payments clearly: base rent, operating costs (utilities) and deposit are legally and practically distinct. The deposit serves as security for damages and outstanding claims; operating costs are usually billed monthly or as a flat rate.

• Agree deposit (deposit): specify amount, payment method and, if applicable, escrow account.
• Pay rent (rent) on time: comply with agreed dates and payment methods.
• Make documentation: take photos, handover protocol and keep receipts (photo, document).
• Observe deadlines: deadlines for deposit return and objections must be met.
• Check claims: before paying, clarify whether claims are justified and whether court action is needed (court).^[2]

What to do if the deposit is not returned?

First check the settlement and request a written explanation. Set a reasonable deadline for repayment and document all contacts. If the landlord does not respond, you may consider legal action; many disputes are decided by district courts, with the possibility of appeal to higher instances.^[2]

Rights and obligations for viewing and key handover

The landlord may only enter the apartment by agreement. At handover, a protocol should record condition, meter readings and existing defects. As a tenant you are entitled to return the apartment in the condition you received it, except for normal wear and tear.

• Create handover protocol: record condition, meter readings and damages.
• Handover correctly at move-out: observe key return and cleanliness rules (move-out).
• Report defects and set deadlines: notify repairs in time (repair).

FAQ

Who may request a deposit?

A landlord may request a deposit if it is agreed in the contract; the amount depends on the contract and the type of rental.

How quickly must the deposit be returned?

The refund is made after settlement of all claims; reasonable deadlines apply and vary depending on the case.

What to do in disputes over deposit deductions?

Request a detailed settlement, document your objections in writing and consider legal action if necessary.

How-To

1. Before moving in: make a protocol and photos (photo, document).
2. Pay deposit and keep the receipt (deposit).
3. Report defects immediately and set deadlines (repair).
4. At move-out: compare protocols and document claims (move-out).
5. In conflicts: contact information and legal offices or consider court proceedings (contact).

Help and Support / Resources

• RIS - Legal Information System of the Republic of Austria
• Justice – Courts and Procedures
• JustizOnline – e‑forms and submissions

1. [1] RIS - Mietrechtsgesetz und relevante Bestimmungen
2. [2] Justice - Information on courts and procedures