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RENTING

Reader question: Do I have to repaint the walls when I leave a rental in Austria?

The short answer is usually no, but this is an issue that frequently comes up for tenants in Austria. We explain the laws and rights that apply.

Published: 19 January 2022 11:46 CET
Updated: 26 June 2023 10:04 CEST
Paint
This clause is usually not allowed in rental contracts, but that doesn't stop some landlords adding it in. Photo: Theme Photos/Unsplash

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. 

READ ALSO: How to find out if you are paying too much rent in Vienna

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. 

This generally isn’t allowed under Austrian law.

The only case where you might be obligated to repaint is if you have caused significant damage to the walls. Again, minor marks from shelving or picture hooks do not count, and even if you repainted the walls that’s generally allowed unless you changed them from a neutral/standard colour to something unusual. 

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. So it’s only if you’ve opted for a very bright colour or extreme design that you may need to repaint and bear the costs of that.

READ ALSO: Altbau vs Neubau: What’s the difference?

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 re-painting clause is in your contract and you signed it, this has no legal bearing if it was a pre-prepared contract (ie. if your landlord drew up the contract — if on the other hand you drew it up together and you explicitly agreed to the painting clause being added in, then you may be obliged to comply). 

READ ALSO: How to navigate the Austrian rental market

If your landlord tells you that you need to repaint when you move out, you should tell them (politely and in writing) that you will be returning the apartment in the equivalent condition to when you received it, allowing for normal wear and tear, and note that Austrian rental law states re-painting is not required. You could send a link to an Austrian authority explaining the law change, for example this page from the Chamber of Commerce or this one from the Tenants’ Association.

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 still refuses to return your full deposit until you repaint the walls, you may need to take legal action. If you’re a member of one of Austria’s tenant associations, they should be able to help you; otherwise there are other free tenant advice organisations such as Mieterhilfe in Vienna, or you can contact the Chamber of Commerce.

Got a question about life in Austria? Contact our editorial team at [email protected] and we will do our best to help you.

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LIVING IN AUSTRIA

‘Haushaltsversicherung’: How does Austria’s home insurance work?

'Haushaltsversicherung' is one of Austria's most popular types of insurance. It is not mandatory, but it is certainly worth evaluating, especially as it comes with many possible add-ons.

Published: 2 May 2024 15:22 CEST
'Haushaltsversicherung': How does Austria's home insurance work?

Austrians are certainly obsessed with insurance coverage, and one of the most popular and common ones is known as the “Haushaltsversicherung”—if you don’t have it already, you have certainly heard of it. Here’s what you need to know about household insurance.

Firstly, this insurance covers damages to “all movable objects within your own four walls,” as Austria’s Chamber of Labour (AK) explains. This includes furniture, carpets, and electrical appliances. It would also cover damages caused by fire, storms, water, burglary, and glass breakage. 

Certain types of insurance, such as private liability insurance or mandatory dog liability insurance, are almost always combined with household insurance—another reason why the Haushaltsversicherung is so popular in Austria.

READ ALSO: What kind of insurance do I need to have in Austria?

However, there are enormous differences in premiums and benefits, so experts suggest you check precisely what you need before taking out insurance. The AK also says you should talk to an insurance advisor to learn more about your specific case and needs, particularly if you have any valuables in your home. 

Additionally, they said: “It makes sense to check your policy every few years to ensure that you are properly insured. This guarantees that the sums insured and the risks included are up-to-date and sufficient”.

What should I keep an eye on when reviewing policies?

Of course, different companies have their own offers, and they are often highly customisable to fit your apartment and lifestyle—some things you need to be aware of, though.

Certain policies are tied to the size of your apartment, while others will have a lump sum regardless of the size of your place. Policies also usually differ depending on whether you live in an apartment or a house. 

While most insurance will cover glass breakage (such as when a hail storm breaks your window, for example), some might have it as an add-on (wahlweise mit Glasbruch). 

You may also add other types of insurance to your household insurance, the most common being mandatory dog liability insurance (Hunde-Haftpflicht), legal insurance (Straf-Rechtsschutz), and sports insurance.

READ ALSO: Should I take out insurance before skiing in Austria?

It’s worth it to read each policy, but you should know some common clauses beforehand. For example, insurance often won’t cover burglary costs if your house has not been properly secured and locked. This might seem obvious, but since door knobs don’t open from the outside without the key, people often leave their homes, especially for short errands, and don’t lock the doors all the way. Insurance and safety experts recommend you get in the habit of locking your home doors.

It’s also important to check if your insurance will pay you “Neuwert” or “Zeitwert” in case of damage. 

A Neuwert means the insurance will pay for a replacement object, regardless of how old the stolen or broken one was. However, many insurance policies still contain the so-called “Zeitwert”, something like “current value”, so you wouldn’t receive an amount that could pay for a new product. Instead, a loss of value of around 10 percent per year could be expected for most objects.

What should I do if there is damage to my home?

If you see any damage to your home from burglary, accident or other types, you need to notify your insurer immediately and report the damage you have suffered. 

The insurance conditions usually stipulate a maximum period of three days for reporting a claim in property insurance. The Chamber of Labour also recommends that you send a written notification of the claim (preferably by registered mail, they add).

“Make a list of all items that have been destroyed or lost and enclose it with your report to both the insurer and the security authorities”, they said. And, of course, in the event of fire burglary or robbery, always inform the fire department or police authorities.

READ ALSO: EXPLAINED: The Austrian insurance for if you get sued – or want to sue someone

How long does the insurance last, and how much does it cost?

The insurance term is usually specified in the counteract. In general, though, you can terminate it after the third year with one month’s notice if the contract has not already expired.

If you move house or move abroad, you can terminate your household insurance contract. You can cancel the insurance the day before the move begins (preferably by registered letter).

If you do not exercise your right of termination, the insurance will remain valid during the move and in the new home.

Regarding prices, they can be as low as a few euros a month (such as insurance specifically tailored to students living in shared flats) to several hundred a month if you have a large place with plenty of valuables or include several add-ons. 

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