Reader question: What special rules apply to an Austrian residential care deposit (Heimkaution) and how do I check a specific claim or notice of use?
Before admission to an Austrian care home, several months' fees are often requested as a deposit. The family recognises such an amount from ordinary residential tenancy agreements and would like to transfer it without further checks. However, a separate statutory framework applies where a care home contract is recorded. The concrete purpose of the payment and the correct limit must be clarified before transferring any everyday assumptions.
Not every advance payment is a deposit
Read the contract and the payment request together. Which amount is intended as ongoing fees, which sum as security and which other part covers a separate service? For a mixed total amount, ask for a separate breakdown. A one‑off payment given a different name is not legally classified solely on the basis of its heading.
The special §§27b to 27i KSchG concern certain institutions and contracts for accommodation, care and nursing. [KSchG27b] This article assumes that framework. It does not automatically transfer the care home deposit rules to an ordinary rented flat or any shared housing.
Establish the correct maximum limit
Under §27g paragraph 1 a demanded deposit may not, in principle, exceed the fee for one month. If the fee is paid in whole or in part by the social assistance authority, the provision instead specifies a limit of 300 euro. [KSchG27g]
Therefore clarify the actual financing in place and the amount taken as the monthly fee. Private family support should not be assumed without checking to be a payment by a social assistance provider. Likewise, a legally relevant partial financing must not be overlooked simply because a personal contribution is additionally made.
Fictional case with a clear follow‑up question
In the hypothetical case the request contains a security claim of two months' fees. The financing and the specific care home contract framework are already clarified. The resident asks for correction and the legal basis of the demanded amount, instead of adopting the sum known from a previous residential tenancy.
The article does not decide whether another payment demanded alongside is permissible. Such items in particular remain visible with their respective service basis. An unexplained amount is not silently included in the deposit.
Receipt and separate safekeeping must be verifiable
The care home operator must confirm receipt in writing. §27g also requires deposit into a separate trust account; the deposit does not pass into the ownership of the care home operator. [KSchG27g]
Therefore keep proof of payment and the confirmation together with the agreement. If the account treatment is unclear, request verifiable information on the prescribed safekeeping. This article does not examine any specific credit institution or its product terms.
Examine any later use separately
Under §27g the security may only cover certain fee, compensation or unjust enrichment claims against the resident. Before intended enforcement, residents, representatives and the trusted person must be notified in writing stating the reasons. [KSchG27g] A communicated claim is not thereby automatically justified in its amount.
On termination the unused portion must be refunded in accordance with the statutory rule with the interest and deductions specified there. [KSchG27g] Request a transparent accounting of each use and of the remaining amount. The named trusted person can assist with civil law communication; their role and any legally binding representation are explicitly clarified. [KSchG27e] This way the security amount, any counterclaim and the refund remain reviewable.