Getting Your Deposit Back in Austria: How to Reclaim Your Money (2026)

When you move out, almost every tenant is waiting for the same sum: the deposit ("Kaution"). That's often two to three months' rent — quickly several thousand euros. All the more frustrating when the landlord stalls, keeps part of it, or simply doesn't respond.

This guide explains when you get your deposit back, what the landlord may deduct (and what they may not), and how to proceed step by step if there's a dispute.

How high can the deposit be?

In Austria, three gross monthly rents is the usual and generally acceptable deposit. Higher amounts occur but are contestable. Important: the landlord must place the deposit in an interest-bearing savings account — you get it back with interest when you move out.

When must the deposit be returned?

There is no rigid statutory deadline in days. The rule: the landlord must return the deposit without undue delay once the tenancy has ended, the apartment is handed back, and it's clear they have no outstanding claims.

In practice, a few weeks up to at most a couple of months is considered reasonable — for example if they're waiting on a pending operating-cost statement. If it drags on for months without a good reason, you're within your rights to act.

What may the landlord deduct?

Only concrete, provable claims. Typically permissible:

• Unpaid rent or operating-cost back-payments.
• Damage you caused that goes beyond normal wear and tear — e.g. a burn hole in the floor, a broken sink.

What the landlord may NOT deduct

• Normal wear and tear: worn floors, drilling holes, light usage marks. You already pay rent for that.
• Repainting just because you're moving out — blanket repaint clauses are often invalid under case law.
• Flat-rate deductions "just in case" without concrete proof.

Step by step: how to reclaim your deposit

1. Secure the handover protocol. The handover report signed together at move-out, with photos, is your most important evidence of the apartment's condition.
2. Ask in writing, politely. A short email with your move-out date, the deposit amount and your bank details is often all it takes.
3. Set a written deadline. If nothing happens, demand the deposit back by registered letter with a clear deadline (e.g. 14 days).
4. Get advice. The Tenants' Association (Mietervereinigung), a tenant-protection group, or the Chamber of Labour (AK) usually review your case cheaply or for free.
5. Enforce it legally. As a last step there's a claim — or, under the full MRG, proceedings before the arbitration board (Schlichtungsstelle) or district court.

The decisive point: evidence

Nearly every deposit dispute comes down to the same question: who can prove what? Whoever has cleanly documented the apartment's condition, every payment and every agreement holds the advantage.

That's exactly what Mietto is for: a shared overview for tenants and landlords where every rent payment is recorded with a receipt and confirmed. When you move out you have a complete payment history — no digging for old transfers, no "your word against theirs". That removes the ground from under a deposit dispute before it even starts.

Frequently asked questions

My landlord just won't respond — what do I do?

Set a written deadline by registered letter. If they stay silent, turn to the Tenants' Association or AK. Your claim to the deposit doesn't expire quickly — but the sooner you act, the easier it is to prove.

Do I have to hand the apartment over freshly painted?

Usually not just because you're moving out. Blanket repaint clauses are frequently invalid. If in doubt, have such a clause checked before you pay or paint.

Do I get interest on the deposit?

Yes. The deposit must be invested with interest and returned including that interest.

This article provides general information and is not a substitute for legal advice. For a specific dispute, contact the Tenants' Association, a tenant-protection group, or the Chamber of Labour (AK).