My landlord won't return my deposit — who do I go to?

Direct answer

First a written demand to the landlord with a deadline (14 days is normal) and your bank details — most deposits come back at this stage. If nothing happens, Schlichtungsstelle der Gemeinde (Wohnrecht) (wien.gv.at) is the body that deals with rent and deposit disputes in Austria. For advice on what you can claim and what the landlord may deduct, Mietervereinigung Österreich (050 195 3000). The last step is a small-claims or rent court, where you can usually go without a lawyer.

In Austria up to three months' gross rent is customary; the landlord must invest it separately with interest and settle promptly after return of the flat.

Call firstSchlichtungsstelle der Gemeinde (Wohnrecht)

Report toMietervereinigung Österreich

If that failsBezirksgericht

🗣️ What to say

"My tenancy at [address] ended on [date]. The deposit of €… has not been returned and I have received no itemised deductions. I request the full amount within 14 days to [IBAN]. Otherwise I will take it to Schlichtungsstelle der Gemeinde (Wohnrecht)."

🪜 Step by step

Write, don't callA dated letter or e-mail with the amount, the end date, your bank details and a 14-day deadline. Keep proof of sending.
Collect evidenceThe signed contract, the move-in and move-out inspection reports, photos with dates, and the proof you paid the deposit.
Ask Mietervereinigung Österreich what appliesWhich deductions are allowed (unpaid rent, damage beyond normal wear) and what is not (repainting, normal wear, cleaning that was not agreed).
File with Schlichtungsstelle der Gemeinde (Wohnrecht)The rent dispute body or deposit scheme handles this without a lawyer and usually within weeks.
Court as last resortSmall-claims procedures exist for exactly this amount range; the landlord usually pays the costs if you win.

📇 All contacts

Schlichtungsstelle der Gemeinde (Wohnrecht)Free procedure for deposit and rent disputes, where establishedMandatory before court in Vienna, Graz, Linz, Salzburg and others🔗 www.wien.gv.at/wohnen/schlichtungsstelle

Mietervereinigung ÖsterreichAdvice and representation for membersBefore the first letter to the landlord📞 050 195 3000 🔗 mietervereinigung.at

BezirksgerichtPayment claim without a lawyer up to €5,000When conciliation fails🔗 www.justiz.gv.at

❓ Frequently asked

How long may the landlord take?

It varies by country, but "a reasonable time" after a final inspection is usually a few weeks; Mietervereinigung Österreich knows the exact rule for Austria.

Can the landlord keep it for repainting?

Not for normal wear and tear. Damage beyond normal use, unpaid rent or bills, and cleaning you agreed to do can be deducted — itemised, with receipts.

I have no written contract

You still have a tenancy and still get the deposit back. Bank transfers, messages and witnesses prove the agreement.

📎 Sources

Last checked: 2026-09-26

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🔑 My landlord won't return my deposit — who do I go to?