Tenant Questions on Application Form: Deadlines in Germany
As a tenant in Germany, you will often encounter questions about income, rent arrears or previous shared housing when filling out application forms. Many questions are lawful, others may be discriminatory or impermissible. This article explains in plain language which details landlords may request, which deadlines you must observe, which documents are useful and how to respond to impermissible questions. I name relevant sections from the BGB and procedures before the courts and show practical steps: collect documentation, set deadlines and, if necessary, involve the local court. This helps you keep your rights in view and act confidently without assuming legal expertise. At the end you will find a short how-to, FAQ and official links.
Which questions are permitted?
Landlords may request information necessary for credit checks or contract performance. This includes identity, proof of income and previous tenancies. These duties and rights arise from tenancy law in the BGB.[1]
- Income and ability to pay (payment): pay slips or employer certificates are common.
- Previous tenancies and references (contact): contact details of previous landlords for credit checks.
- Number of occupants: name and number for contractual coordination.
- Desired move-in date (calendar-event): preferred move-in date or period.
What is impermissible or discriminatory?
Questions about religion, sexual orientation, ethnic origin or pregnancy are usually impermissible and can violate the General Equal Treatment Act (AGG).[2] Do not provide such information without legal basis and document any impermissible inquiry.
- Religion, origin, sexual orientation (illegal): such questions are usually impermissible.
- Health data and pregnancy (illegal): sensitive health data must not be requested without permission.
Documents, deadlines and record keeping
Collect relevant documents early: pay slips, bank statements, certification of no rent arrears and photos of apartment condition. Set deadlines in writing when asking landlords for documentation or corrections.[3]
- Copies of pay slips and bank statements as proof (document).
- Document written requests and replies (form): keep emails or letters.
- Observe deadlines (days): respond within set deadlines to avoid losing rights.
How-To
- Check the question in writing and request clarification or proof if unclear (within 14 days).
- Gather all relevant documents and make copies (document).
- Respond appropriately in writing: send a statement or refuse impermissible requests (form).
- If the dispute continues, inform the competent local court or seek legal advice (court).
FAQ
- Is the landlord allowed to ask about criminal records?
- Questions about criminal records are generally sensitive and usually impermissible; refer to data protection and request a legal basis.
- What to do in case of discriminatory questions?
- Point out the impermissibility in writing, document the inquiry and consult the AGG if necessary.[2]
- Which authority handles tenancy disputes?
- Tenancy disputes are usually heard at the local court (Amtsgericht); higher courts are the regional court and, in certain cases, the Federal Court of Justice.[4]
