Won by the ÖH: After a 5-year legal dispute, the student in question receives back around € 2,100 deposit plus € 500 interest on arrears.
FH student A rents an apartment during her studies. After moving out, the owner refuses to refund the deposit.
The housing law counseling of the Österreichische Hochschüler_innenschaft (ÖH) supports A in a deposit procedure before the housing law conciliation board, a lawyer commissioned by the ÖH later represents the case before the competent district court.
The court awarded the tenant almost the entire deposit, because the owner could neither prove the alleged damage to the fitted kitchen, nor “excessive wear and tear” of the floors or plaster. Apart from minor undisputed damage to light switches, etc., which amounted to less than € 100 in total, the court ruled that the damage was ordinary wear and tear. There was no culpable damage by the tenant. According to the district court, the deposit is therefore largely to be refunded.
The owner appeals the district court’s decision to the regional court. After the 2nd instance also finds in favor of the tenant, the owner brings an appeal to the Supreme Court (OGH) as a last attempt. To the satisfaction of Tenant A and ÖH, this is rejected.
After more than four years of proceedings and a legally binding judgment, the owner now refuses to refund the deposit. ÖH’s lawyer ultimately commissions a law firm in a neighboring country to collect the amount owed, since the owner has moved there and also transferred all property. After now more than five years, Tenant A is ultimately refunded the disputed deposit. In addition to the deposit and default interest, the owner must also pay legal costs of over € 4,000 and the costs of execution abroad.
Won by the ÖH: After a 5-year legal dispute, the student in question receives back around € 2,100 deposit plus € 500 interest on arrears.
Further successes from consulting at www.oeh.ac.at/geschafft
