Tenant Questions on Application Forms: Rights in Germany

As a tenant in a German big city, you often encounter sensitive questions on rental application forms about income, origin or lifestyle. This checklist explains clearly which questions are legally permissible, how to recognize discrimination and what rights you have when questions are unlawful. I provide practical steps: how to politely refuse questions, which documents may be requested and how to collect evidence if you feel disadvantaged. The guidance is focused on Germany and helps you improve your chances of getting a flat without losing your rights. At the end you will find sample notes, responsible authorities and concrete next steps for legal action. If in doubt, use local tenant advice services or review the legal bases to protect yourself.

Which questions are permissible?

Many questions on the application form are permissible if they relate directly to the tenancy, for example proof of income or references. Legal bases can be found in the provisions of the BGB.^[1] Unlawful are questions that violate the General Equal Treatment Act or concern sensitive personal data without legal basis.

• Proofs of income and employment, e.g. payslips or employment contract.
• Contact and reference details of previous landlords for creditworthiness checks.
• Information about rent payment and deposit amount, insofar as they are relevant to the offer.
• Information about pets, if relevant to the housing situation.

How to spot discrimination?

Discrimination occurs when questions about origin, religion, sexual orientation or marital status directly affect the housing decision. Case law and decisions provide guidance.^[2] Watch for wording that excludes or disadvantages certain groups.

• Explicit exclusion criteria such as "no families" or "no nationalities".
• Contradictory questions compared with the advertisement and legal practice.
• When providers give no factual reason for rejection.

What to do about unlawful questions?

If you find an unlawful question, document it and respond in a targeted way. You can politely refuse, send a written inquiry or consider legal steps. Templates for termination letters or formal letters can be found at official bodies, as well as the application for legal aid.^[3][4] For questions about eligibility certificates see the WoFG provisions.^[1] If necessary, the local Amtsgericht is responsible for tenancy disputes.

• Record in writing: date, exact question, name of contact person and screenshots or photocopies.
• Contact local tenant advice or legal office for an initial assessment.
• Collect evidence and witness statements to substantiate possible violations.
• If required, file a complaint at the Amtsgericht or apply for legal aid.

FAQ

May the landlord ask about my income?

Yes. Income is relevant for creditworthiness checks; payslips may be requested, but very personal or unnecessary information is not required.^[1]

Can I refuse questions about my origin?

Yes. You may refuse to answer; such questions are often unlawful and you should document the question and seek advice.^[2]

When should I take legal action?

If clear discrimination occurs or landlords repeatedly request unlawful data, seek legal advice; the Amtsgericht handles tenancy disputes.^[4]

How-To

1. Check and document the question immediately, including date and context.
2. Respond politely in writing or refuse to answer if the question seems unlawful.
3. Contact tenant advice or a legal office for an initial assessment.
4. If necessary, apply for legal aid and consider filing a suit at the Amtsgericht.

Help and Support / Resources

• Gesetze im Internet: BGB §§535–580a (gesetze-im-internet.de)
• WoFG: Provisions on the entitlement certificate (gesetze-im-internet.de)
• Justizportal: Information on courts and forms (justiz.de)

1. [1] BGB §§535–580a (gesetze-im-internet.de)
2. [2] Zivilprozessordnung (ZPO) (gesetze-im-internet.de)
3. [3] Bundesministerium der Justiz (bmj.de)
4. [4] Justizportal Formularservice (justiz.de)