When you rent your Austrian apartment, there are a few costs to expect, including the rent itself, and the deposit or Kaution. Of these, the deposit is the one that should be returned to you at the end of the tenancy.
The deposit is the fee paid by the tenant to the landlord as security against any damages. This means the landlord can keep it if you fail to pay your rent or if you cause any damage to the apartment.
There is no law that requires a tenant to pay a deposit, and if you do, it must be agreed in your rental contract. Legally, the landlord cannot ask you for a deposit after you’ve signed the contract. But it’s very rare that you won’t be asked for one upfront!
There is no fixed statutory maximum for rental deposits in Austria. However, Arbeiterkammer says the Supreme Court has referred to six gross monthly rents as a general guideline for the highest permissible deposit. The usual deposit, though, is three months’ gross monthly rent.
A gross monthly rent, or die Bruttomonatsmiete, usually means the total monthly amount including the net rent, operating costs, or die Betriebskosten, and VAT.
So if your gross monthly rent is €1,000, a three-month deposit would usually be €3,000.
A deposit of up to six gross monthly rents may be permissible, but anything above three months should be looked at carefully. If the landlord wants more than the usual three months, ask why and get the amount written clearly into the contract.
If a deposit is higher than six gross monthly rents, tenants should seek advice. AK says the amount above the permissible level may have to be returned.
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But Ablöse payments are only allowed where there is a real and fairly valued consideration. The amount must be objectively justified. Overpriced payments, or payments demanded merely for access to the flat, can be unlawful and may be recoverable.
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Before moving in, photograph the flat carefully, including walls, floors, windows, bathroom fittings, kitchen appliances and any existing damage. Ask for a written handover protocol, or das Übergabeprotokoll, and make sure any existing defects are listed.
Do the same when moving out. This makes it harder for either side to argue later about what condition the flat was in.
Key vocabulary
die Kaution - rental deposit
die Bruttomonatsmiete - gross monthly rent
die Betriebskosten - operating costs or service charges
die Provision - estate agent’s commission
das Bestellerprinzip - rule that the person who commissioned the agent pays the commission
die Ablöse - one-off payment for furniture or improvements
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