Tenant Rights: Rejection Despite Credit in Germany
As a tenant in Germany, a rejection of a rental application despite clear creditworthiness can be frustrating and legally relevant. This guide explains which rights tenants have, when discrimination may apply and how to respond within deadlines, gather evidence and contact official authorities. We cover concrete steps: requesting reasons for rejection, formal objections, template letters to landlords and information on filing claims at the local court. The aim is to provide clear, practical instructions so you can enforce your tenant rights and avoid unnecessary delays. This text is intended for tenants without legal training and refers to official sources for templates and deadlines in Germany.
Rights and Duties
Landlords have discretion when selecting applicants, but this discretion must not violate legal bans on discrimination. Many duties and rights in tenancy relationships are governed by the German Civil Code (BGB)[1]. If you receive a rejection despite proven creditworthiness, you can ask whether objective reasons applied and whether selection criteria were applied transparently.
Immediate Actions
- Request the reasons for the rejection in writing immediately and note the date and contact person.
- Set deadlines: respond within a few days to avoid gaps in evidence.
- Collect evidence: emails, application documents, screenshots and payment records.
- Seek advice from official bodies or tenant counseling before taking formal steps.
Formal Steps and Template Forms
If the rejection is based on discriminatory criteria or is insufficiently justified, the next step is a formal letter to the landlord with a deadline. Common templates and form names tenants may need include an informal objection to a rejection, a written request for disclosure of selection criteria, and, where court action is necessary, an application for legal aid (Prozesskostenhilfe). Observe the rules of the Code of Civil Procedure (ZPO) for filing claims and deadlines[2].
If It Goes to Court
In court disputes, the local court (Amtsgericht) is generally the first instance for tenancy disputes such as claims of discrimination or damages. For procedural questions and appeals, regional courts and the Federal Court of Justice (BGH) are responsible; relevant BGH decisions can have precedent value[4][3].
Course of a Possible Lawsuit
- Check jurisdiction and strength of evidence before filing a lawsuit.
- File the statement of claim at the local court and attach supporting documents.
- Observe procedural deadlines under the ZPO for filing and service.
- Consider legal advice or applications for legal aid if costs are a barrier.
FAQ
- Can I request a written reason for a rejection?
- Yes. You can ask the landlord in writing to state the reasons for rejection; this helps document possible discrimination.
- Which authorities are responsible if I suspect discrimination?
- For tenancy disputes the local court is usually responsible; for legal questions and advice, state justice authorities and the Federal Ministry of Justice provide information pages.
- When should I consider legal action?
- If written requests remain unanswered, clear evidence of unequal treatment exists, or financial disadvantage is threatened, you should seek legal advice.
How-To
- Request the specific reasons for the rejection in writing immediately and note date and contact person.
- Collect all relevant documents: emails, application materials, credit reports, proof of payments.
- Set a reasonable deadline for a response and clearly state that you will consider legal action in case of discrimination.
- Seek official advice (local court, state justice portal, Federal Ministry of Justice) and check options for legal or counseling aid.
Help & Support
- Gesetze im Internet (BGB, ZPO)
- Federal Ministry of Justice and Consumer Protection (BMJ)
- Federal Court of Justice (BGH) - Decisions
