Tenant FAQ: Application Forms in Germany

As a tenant in Germany, you often face questions when filling out application forms for apartments: which details are permitted, which may be discriminatory, and how to protect your rights under tenancy law? This guide explains in plain language which questions landlords may ask, which are not allowed, how to answer sensitive questions safely and which laws and official forms are relevant. I provide concrete examples, practical steps for discrimination cases and what documents are useful. At the end you will find a clear how-to and links to official authorities and template letters so that, as a tenant in Germany, you can better assert your interests. Use the tips to complete application forms confidently, protect confidential information and recognise impermissible questions.

Rights and Duties of Tenants

As a tenant you have duties like paying rent on time, but also rights such as protection from impermissible discrimination and the right to a defect-free rental property according to the provisions of the BGB^[1]. If you consider questions on the application form discriminatory, document them and, if necessary, object in writing.

• Carefully review the lease and all attachments.
• Report defects in writing and include photos for evidence.
• Keep receipts and proof of payments.
• Observe statutory and contractual deadlines, for example for termination or defect notices.

What Landlords May Ask — and What They May Not

Permitted are questions relevant to assess creditworthiness and reliability, such as proof of income or previous landlord references. Impermissible are questions that concern sensitive personal attributes such as origin, religion, intimate life planning or health data, unless directly relevant to the tenancy.

• Income proof and employment contract are common requests.
• References from previous landlords may be requested.
• A credit report (Schufa) may be requested but is not automatically permissible in every form.

Frequently Asked Questions

May the landlord ask about my salary?

Yes, landlords may request proof of income to check payment ability. Make sure to provide only the documents necessary.^[1]

Which questions are illegal due to discrimination?

Questions about origin, religion, sexual orientation or family planning are generally impermissible and may be grounds for discrimination claims.

What should I do if a landlord asks an impermissible question?

Politely point out your rights, document the question and request a written explanation or decline to answer. Note date and contact person and keep records.

How-To

1. Check and document: read each question carefully and take photos or notes of the form.
2. Prepare an answer: draft factual, concise responses and submit only necessary proofs.
3. Contact: speak with the landlord or property manager if you consider a question impermissible.
4. Legal steps: for persistent discrimination or serious disputes, contact your local Amtsgericht; court procedures follow the ZPO.^[2]

Notes on Service Charges and Forms

For questions about operating costs and statements, consult the Operating Costs Regulation and direct inquiries in writing.^[3]

Help and Support

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Zivilprozessordnung (ZPO)
• Federal Court of Justice (BGH) – information and decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Betriebskostenverordnung (BetrKV)
4. [4] Federal Court of Justice (BGH) – decisions on tenancy law