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Preparing for the apartment handover
Arrange the appointment in good time and allow enough time. Take the tenancy agreement, previous protocols, and a mobile phone for photos with you. If possible, the handover should take place in daylight. For move-in and move-out, it is useful to bring a second person as a witness.
- Confirm the appointment, participants, and address in writing.
- Have the tenancy agreement, previous documents, and existing receipts ready.
- Prepare a phone, charger, and a way to take dated photos.
- Take a trusted person with you if needed.
Move-in checklist
Compare the actual condition of the apartment with the information in the tenancy agreement or an earlier document. Every visible defect should be included in the protocol, even if it seems minor. Describe the location, type, and extent of the defect as precisely as possible. Add dated photos with the room identified.
- Check walls, floors, doors, windows, and built-in fixtures for damage.
- Test heating, taps, drains, sockets, and lighting.
- Check locks, window handles, and all existing keys.
- Take photos and precise descriptions of every defect.
Read the protocol completely before signing it. If something is missing, ask for an addition. A signature generally confirms what is written in the document; it does not automatically mean that you are responsible for every existing defect.
Move-out checklist
Before returning the apartment, you should remove it in accordance with the tenancy agreement and complete the agreed work. Normal wear and tear must be distinguished from damage caused by you. Do not demand unnecessary renovation from yourself; first check the specific contractual agreement and the actual condition.
- Remove all personal belongings and hand over the rooms swept clean.
- Document agreed repairs or reported defects.
- Photograph every room and preserve the date of the images.
- Return all keys, including duplicate keys.
- Request written confirmation of the return and the deposit.
Keys and meter readings
Enter every handover and returned key separately in the protocol. Also record electricity, gas, heating, and water meters with their meter numbers and readings, if available. Photograph the displays directly on the handover date. Have all parties present date and sign the protocol.
If the other party does not sign
If a signature is refused, you can still record the condition securely as evidence. Send the completed protocol, photos, and a brief factual summary promptly by email or by a trackable delivery method. Keep the original files and proof of sending. If there is a dispute about the deposit, damage, or necessary repairs, advice can help. Tenancy questions depend on the agreement and its scope and are governed in part by the Tenancy Act and the Austrian General Civil Code.[1]
- Describe discrepancies in writing and set a reasonable response deadline.
- Store the protocol, photos, messages, invoices, and payment receipts in an organized way.
- Request an understandable statement if an amount is deducted from the deposit.
- For a court matter, observe deadlines and the jurisdiction of the district court.
Frequently asked questions
- Does a handover protocol have to be signed?
- There is not always a legal obligation for both parties to sign together. However, you should carefully check the document and sign only accurate information.
- Who pays the costs for damage?
- That depends on whether it is normal wear and tear, a defect that already existed, or damage caused by the tenant. The agreement, condition, and evidence are decisive.
- What should I do if the deposit is not returned?
- Request a written statement and set a reasonable deadline. If anything is unclear, you can contact a suitable advice service or obtain legal support.
How to document an apartment handover
- Confirm the appointment and the people present in writing.
- Bring the tenancy agreement and existing documents to the handover.
- Check rooms, systems, meter readings, and existing defects.
- Count the keys and record their return precisely.
- Store the protocol, photos, and proof of sending safely.
Help and further information
- Legal Information System of the Republic: Tenancy Act and General Civil Code
- Austrian Justice: Information about courts and proceedings
- JustizOnline: Forms and digital justice services