Denial despite credit: Tenant rights in Germany

Discrimination & Equal Treatment 3 min read · published September 07, 2025

Many tenants in Germany experience a rental denial despite proven creditworthiness. This is frustrating and can have various causes: application order, unclear selection criteria, or in the worst case discriminatory decisions. This guide explains in plain language what rights you have as a tenant, which steps you should take immediately, and which official forms or authorities can help. We list deadlines, show how to collect evidence, how to file a complaint with the Federal Anti-Discrimination Agency and when a trip to the local court is necessary. This helps you stay calm and act purposefully to improve your chances of getting the apartment or to contest an unlawful denial.

In many cases a denial can be resolved by asking and documenting the facts.

What does a denial despite credit mean?

A denial despite a positive credit check means that your financial reliability has been demonstrated, but you were still not selected. Reasons can be formal selection criteria, the order of applications or the landlord's personal preferences. However, if characteristics such as origin, religion, gender or family status play a role, it could be prohibited discrimination. In Germany, the Civil Code regulates the main duties of landlord and tenant[1] and the Code of Civil Procedure governs court procedures[2].

Ask the landlord for a short written reason for the denial.

Practical first steps

  • Contact the landlord politely and request a written denial with a short reason.
  • Collect all application documents, proof of payment and emails as evidence.
  • Document dates and times of viewings and conversations to prove the order of applications.
Good documentation increases your chances in a complaint or dispute.

Official forms and where to find them

  • Complaint to the Federal Anti-Discrimination Agency: no formal mandatory form, but an online contact form is available for reporting discriminatory decisions (Practical example: describe the denial, attach documents and name witnesses).
  • Filing a lawsuit at the local court (statement of claim): for legal violations you can file a claim; the registry office of the competent local court provides information on form and submission (Practical example: a short, precise statement of claim with evidence).
  • Application for an interim injunction: if quick action is required (e.g. in cases of immediate discrimination), an application can provide short-term protection; contact the competent court for this.

You can use the Federal Anti-Discrimination Agency portal for contact; for court steps the registry of the competent local court can assist. If in doubt, an initial written inquiry is often the fastest and least expensive route.

Respond within deadlines and keep all answers in writing.

When is legal action sensible?

Legal action is advisable when the denial clearly relies on prohibited criteria or important proof was ignored. Initially, you can file a complaint with the Federal Anti-Discrimination Agency and simultaneously ask the landlord for a written statement. If there is no result or serious legal violations, you should consider filing a lawsuit at the local court. In proceedings, evidence, witness statements and possible precedents are taken into account[3].

FAQ

Can I challenge a denial if I am creditworthy?
Yes. Request a written reason, document all materials and check whether discrimination occurred; if necessary, report the case to the Federal Anti-Discrimination Agency.
What deadlines apply for court actions?
Deadlines depend on the individual case. For claims arising from tenancy relationships, the regular limitation and claim deadlines under the Civil Code and Code of Civil Procedure apply; obtain timely information.
Who is responsible for tenancy disputes?
Generally, local courts are responsible in the first instance; higher instances include regional courts and the Federal Court of Justice.

How-To

  1. Request a written reason for the denial from the landlord within a short time.
  2. Collect evidence: application documents, credit proofs, emails and witness contacts.
  3. File a report with the Federal Anti-Discrimination Agency if discrimination is suspected.
  4. Consider filing a lawsuit at the local court if the matter cannot be resolved out of court.
  5. Observe deadlines and act quickly; delay can weaken your legal position.
Record all conversations immediately to be able to provide precise information later.

Help and Support / Resources

  1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
  2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
  3. [3] Antidiskriminierungsstelle des Bundes

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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