Rental deposit after the tenancy: review refund and landlord counterclaims
Rental deposit after the tenancy ends: review refund, accounting and justified landlord counterclaims separately.
27 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
After moving out, tenants usually expect the rental deposit to be returned. Landlords may not retain it without a proper reason. The decisive issue is whether concrete claims from the tenancy exist and how they are documented.
This article deals with the deposit after the tenancy ends. It is not another general article about open invoices, operating costs or enforcing an already titled claim.
Anyone seeking repayment or explaining a retention should separate handover, accounting, damage and payments in chronological order.
Which review comes before the next step?
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What matters most right now?
The next step depends on the contract, documents, deadlines and objections.
Overview of all answers.
Structure documents first
Start with the contract, claim statement, payments and correspondence. A chronology makes the next step reviewable.
Take objections seriously
A dispute, counterclaim and mere delay have different consequences. Claim and evidence should be reviewed separately.
Review the special point quickly
Deadlines, special rules and economic relevance should not be inferred from a general description.
What should be structured first after the tenancy ends
The handover is the starting point. The handover report, photographs, key return, meter readings and messages should be preserved. This makes it possible to distinguish what was visible at handover from what was alleged later.
Section 16b MRG is a central review point for the deposit. Repayment must be distinguished from concrete justified landlord claims arising from the tenancy.
When retaining the deposit may have a basis
A landlord should identify each counterclaim by its basis and amount. A general statement that the property was not returned properly does not explain a specific retention.
The tenant should request an understandable account and compare payments, agreed repairs and the condition at handover.
Separate accounting, damage and unpaid amounts
The deposit should not be mixed with every later claim. Operating costs, damage, rent arrears and other claims have different legal bases and evidence.
Important: A landlord should identify each counterclaim by its basis and amount. A general statement that the property was not returned properly does not explain a specific retention.
How the firm reviews the next step
BRANDAUER Attorneys first structure the claim, contract, evidence, objections and deadlines. The firm then reviews whether a lawyer letter, negotiation or court step is sensible.
The strategy depends on the documents and economic relevance. The firm reviews your information and agrees the next step with you personally.
Frequent questions
When must the rental deposit be returned?
That depends on whether concrete justified claims arising from the tenancy exist. Any retention must be allocated in an understandable way.
May a landlord retain the deposit for every open item?
No. The basis, amount and connection with the tenancy must be reviewed and documented.
What helps in a deposit dispute?
Handover documents, photographs, accounting, payment records and all correspondence should be structured.
Related pages
Rental deposit, End of tenancy, Refund, Counterclaims, Section 16b MRG, Tenancy law, Claim, Austria