Handover record for a flat on moving out (Austria)
Published byDocMuse
This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
The record of handing a rented flat in Austria back at the end of the tenancy, filled in and signed together: the date of return, meter readings for the final bills, keys returned, the condition of each room, the damage the landlord points out beside the tenant's view of it, any agreements, the deposit and the account for its return. The date starts the clocks under the Austrian Civil Code: one year for the landlord's damage claims (§ 1111 ABGB), six months for the tenant's outlays (§ 1097 ABGB). In German.
What you fill in
The details the document asks for.
- Landlord (name with any academic degree, or the company name)
- Tenant (name with any academic degree)
- Address of the flat (with staircase and door number)
- Date of the contract
- End date of the contract
- Date of return
- Time of handover
- Witnesses (names and phone numbers)
- Correspondence address
- Electricity meter reading
- Gas meter reading
- Cold water meter reading
- Hot water meter reading
- Heating meter reading
- Keys to the building and flat door (number)
- Mailbox keys (number)
- Keys to the cellar, loft or bike room (number)
- Other keys, chips or cards (kind and number)
- Condition: hall, entrance, storeroom
- Condition: living room
- Condition: bedroom
- Condition: other rooms
- Condition: kitchen
- Condition: bathroom and WC
- Condition: balcony, cellar, loft
- Damage the landlord points out
- Tenant's comments on that damage
- What both sides agree about damage, keys or the deposit
- Deposit amount
- IBAN
- Number of photos attached
- City
- Date
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- How long can a landlord in Austria claim for damage after a flat is handed back?
- The landlord's claims for damage to the flat must be brought in court within one year of its return or they lapse; setting them off against the deposit within that year is enough (§ 1111 ABGB). The tenant, for their part, must sue for the cost of outlays within six months of the return (§ 1097 ABGB). That is why the record states the day the flat was returned.
- Does a tenant in Austria have to repaint the flat on moving out?
- Not because of ordinary wear. The flat is returned in the condition in which it was taken over, wear from proper use excepted (§ 1109 ABGB). Austria's Supreme Court (OGH) has held void the clauses in standard-form leases that require repainting or floor sanding regardless of that. The tenant is liable, however, for damage beyond ordinary wear.
- What happens in Austria if landlord and tenant disagree about damage when the flat is handed back?
- Then the record notes both: the damage the landlord points out, and beside it the tenant's view. The signatures confirm only what was found on the walk-through; noting damage is not an admission of liability. The deposit is settled separately. Where the Austrian Tenancy Act applies in full or in part, the tenant can enforce its return through the Schlichtungsstelle or the district court (§ 37 Abs 1 Z 8b MRG).
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
Related documents
- Request to inspect receipts, and objections to a service-charge statement (Austria)
The letter to an Austrian landlord or property manager when the annual statement of Betriebskosten (service charges) raises questions: it asks to inspect the invoices, contracts and the split between flats, lists the items you dispute now, asks for a corrected statement and pays any disputed balance only under reservation. Where the Austrian Tenancy Act (MRG) applies in full, the statement is due by 30 June and the receipts must be open to inspection (§ 21 Abs 3 MRG). In German.
- Tenant's application to the conciliation board or district court under § 37 MRG (Austria)
The tenant's application in Austria's non-contentious tenancy procedure: to have the main rent checked, the deposit repaid, the service-charge statement reviewed or repairs carried out (§ 37 Abs 1 of the Austrian Tenancy Act, MRG) — with the parties, the flat, the request, the grounds and the enclosures. Where the municipality has a conciliation board (Schlichtungsstelle), it is approached first (§ 39 MRG); elsewhere the district court for the flat. Vienna prescribes no form; if your municipality offers its own, you may use it free of charge instead. Signed by all tenants. In German.
- Claim for compensation for a tenant's improvements under § 10 MRG (Austria)
The letter a tenant in Austria sends on leaving a rented flat to claim compensation for improvements — a new bathroom, heating, electricity, gas or water pipes — that remain effective and useful beyond the tenancy (§ 10 of the Austrian Tenancy Act, MRG). The claim must be made in writing with the invoices, within 14 days of the tenant's own notice reaching the landlord, or it is lost. The letter lists the work, the costs and the amount claimed after depreciation. In German; print, sign and send by registered post.
- Landlord's demand for an index-linked rent increase (Austria)
The landlord's written demand for a higher rent under the index clause of a lease in Austria: the clause, the index and its values, the percentage, the old and new main rent (Hauptmietzins) and the rent date from which it applies. Since 2026, rents under the Austrian Tenancy Act (MRG), in full or in part, may be adjusted only once a year on 1 April, within the limits of the Rent Indexation Act (MieWeG); under the full MRG the demand must reach the tenant at least 14 days before the rent date and never applies retroactively (§ 16 Abs 9 MRG). Also for leases outside the MRG. In German.
- Landlord's notice ending a lease wholly exempt from the MRG (Austria)
The landlord's notice ending the lease of a flat where Austria's Tenancy Act (MRG) does not apply at all (full exemption, § 1 Abs 2 MRG), for instance in a house with no more than two separate flats: out of court and without reasons, on the agreed or else the statutory period (§ 560 ZPO), or else to the next possible date, with a receipt section. Important: where the MRG applies in full or in part, a landlord can give notice only through the court, on the form “Gerichtliche Aufkündigung” (ZPForm 102), which the Austrian justice system provides free on justizonline.gv.at — this letter is not for that case. In German.
- Tenant's claim to recover increases under an invalid index clause (Austria)
The tenant's letter in Austria reclaiming rent increases charged under an invalid index clause in the lease: the clause, the grounds, the period, the amount, a deadline and the account; further increases are paid only under reservation. Note: the case law is still moving — the Supreme Court (OGH) held clauses invalid in 2023, took a different view in 2025 (10 Ob 15/25s) and ruled again in 2026 (6 Ob 34/26g); for leases signed before 2026 the rent indexation act (MieWeG) limits refunds to five years. Have the clause checked before sending, for instance by the tenants' association or the Chamber of Labour; the letter only asserts the claim. In German.