My tenancy in Austria is coming to an end, and my landlord has told me I need to repaint the walls of the apartment before I go in order to get my deposit back. Sure enough, it's in my rental contract. What are the rules about this?
Renters in Austria have quite a high level of legal protection, so if you're ever told something by a landlord that doesn't sound quite right, it's always worth checking your rights.
The basic principle for handing back a rental apartment is that you should give it back in the same condition you received it in, allowing for basic wear and tear as caused by normal use. That means that things like small marks on flooring and walls, as well as holes where you might have put up pictures or art, are completely allowed.
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But it's not uncommon to see a clause in rental contracts stating that the tenant must repaint the walls when they leave. Sometimes there might be additional stipulations, saying the painting must be carried out by a certified professional for example.
However, blanket repainting obligations in pre-prepared rental contracts are generally unenforceable under Austrian law, particularly when they require tenants to repaint even if the walls show only normal wear and tear.
You may still have to repaint if the walls show excessive wear or damage, if you have painted them in an unusually striking colour, or if you have a valid contractual obligation to do so.
Minor marks from shelving or picture hooks generally don't count as excessive wear. Changing the colour of the walls is also normally allowed, provided the result isn't unusually bold or unsuitable for ordinary residential use.
A Vienna Court has previously ruled that a tenant should have their full deposit returned and that they did not have to repaint a room white after they painted it green and ochre during their tenancy, because this was not "excessive wear and tear" as their landlord tried to claim. This means tenants don't automatically have to return walls to white. However, unusually striking colours or extreme designs, such as walls painted black or bright red, may need to be covered before moving out.
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The best thing to do is read your contract carefully when you first receive it, check up on any clauses relating to your responsibilities as a tenant, and ensure that anything not permitted like a re-painting clause is removed before you sign. There are organisations such as Mieterhilfe or Mieterfreunde which will even review a contract for you for free.
Not everyone will do that the first time around, particularly if you were anxious to get your new home confirmed, unfamiliar with Austrian bureaucratic language, or from a country where this type of clause might be the norm.
The good news is that even if a repainting clause is in your contract and you signed it, it may still be unenforceable if it was part of a pre-prepared contract supplied by your landlord.
However, there are exceptions. A repainting obligation may be valid if you individually negotiated and expressly agreed to it, or if the landlord offers adequate compensation, such as covering the painting costs or waiving a month's rent.
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If your landlord tells you that you need to repaint when you move out, you can respond politely and in writing that you intend to return the apartment in an equivalent condition to when you received it, allowing for normal wear and tear. If they insist on repainting, ask them to explain the legal basis for the demand, particularly if they are relying on a standard clause in your rental contract.
You could also send them a link to guidance explaining the rules, such as this page from the Chamber of Labour (Arbeiterkammer) or this one from the Tenants' Association (Mietervereinigung).
You should always take plenty of pictures, or even video, to demonstrate the state you left the apartment in, and that applies even more so if you suspect your landlord may try to withhold your deposit by arguing you did cause excessive damage.
If your landlord refuses to return your full deposit until you repaint the walls, the first step is to request repayment in writing and ask for an explanation of any deductions.
Landlords can only deduct amounts for legitimate claims, such as damage beyond normal wear and tear. Where compensation for damage is justified, the remaining value of the damaged item, rather than its new replacement value, generally matters. Any undisputed portion of the deposit should be returned.
You can get advice from a tenant association or the Chamber of Labour. In Vienna, the free MieterHilfe service can also advise you.
If the dispute cannot be resolved, tenants in properties covered by the relevant provisions of Austria's Tenancy Act (Mietrechtsgesetz, or MRG) can apply to Vienna's housing conciliation office (Schlichtungsstelle) to determine the refundable deposit amount. Court proceedings may also be an option.
Got a question about life in Austria? Contact our editorial team at news@thelocal.at and we will do our best to help you.
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