Saalfelden: Single mother fights for inadmissible rental clauses!

Saalfelden: Single mother fights for inadmissible rental clauses!

On May 29, 2025, a case from Saalfelden in Salzburg's Pinzgau became known, which indicates serious legal problems in lease. A single mother contacted the Salzburg Chamber of Labor after she was refused to repay her rental deposit. The lawyer of the Chamber of Labor, Anna-Maria Riegel-Kilzer, found 41 inadmissible clauses when checking her rental documents, which could affect the tenant's legal claims. This Situation raises questions about the legality of rental contracts and the rights of the tenants.

The inadmissible clauses in the rental agreement of the single mother include an unclear regulation for billing the energy costs, as well as the obligation to paint the apartment for no factual reason. In addition, the tenant was obliged to report income deterioration, which Riegel-Milzer described as a "pure private matter". These provisions are not only legally questionable, but could also harm other tenants in the affected residential buildings.

support from the Chamber of Labor

The Chamber of Labor is behind the tenant and has enforced a declaration of injunction, which means that the landlord is no longer allowed to use these inadmissible clauses in the future. This decision also benefits over 50 other tenants in the affected residential buildings. A legal proceedings are currently underway in which the focus is on the recovery of the deposit and the review of too much offset operating and heating costs.

: In the inside, when moving out of a rental apartment, a legal right to repay their deposit. However, landlords can refuse to repay the repayment if they claim damage or strong wear. It is important that normal wear and tear, such as signs of use, do not provide the basis for maintaining the deposit.

rights of tenants

According to the current judgments of the Supreme Court (OGH), signs of wear such as worn wall paint or scratches in the parquet are considered normal wear. Even drilling and dowel holes do not justify the deposit. In the event of actual damage, tenants only have to pay for the value of the object at the time of the damage. Specifically, this means that the tenants do not have to pay the full price for a new object, but only one percentage, depending on the age and condition of the old object.

The landlord has an examination period of three to six months after the tenancy ended, in which he can check any claims such as rent arrears or damage. After clarification of these claims, you are obliged to repay the deposit, possibly minuses. An unfounded retention of the deposit is legally inadmissible, which underlines the rights of the tenants. These aspects are important for the tenants to enforce their claims if necessary.

For detailed information on the deposit disputes, tenants can visit the website of the Chamber of Labor . Further legal tips can be found on Anwal.de.