Tenant Questions on Applications: Rights in Germany

Many tenants in Germany face the rental application form and do not know how to answer questions about origin, marital status, income or criminal record correctly. Such questions can amount to discrimination or an unlawful preselection. This article explains in plain language which questions are legally permissible, when equal treatment rules apply and how to enforce your rights under tenancy law in practice. You will receive concrete action steps, guidance on deadlines and official form templates so you can respond confidently without unnecessarily harming your chances of getting a flat. The text is simple and aimed at tenants without a legal background in Germany. At the end you will find FAQs, a step-by-step guide and official links to laws and courts.

What to do about sensitive questions on the application form?

First check whether the question is actually relevant to the rental decision. Questions about origin, religion or sexual orientation can be discriminatory; if in doubt, document the date and wording of the application form and the communication.^[1]

• Collect documents (document): Save copies of the form, emails, photos and proof of payments.
• Observe deadlines (deadline): Note deadlines for objections or inquiries.
• Object in writing (form): Request a written explanation if a question seems unclear or unlawful.
• Consider legal review (court): If discrimination is likely, consider the path to the local court after advice.

Legal basis

German tenancy law in the BGB regulates landlord and tenant duties and is an important basis for claims; see §§ 535–580a BGB for core rules.^[1] Procedural matters for claims and eviction suits are found in the Zivilprozessordnung (ZPO).^[2] Decisions of the Federal Court of Justice (BGH) clarify interpretation in individual cases and are relevant for complex disputes.^[3]

FAQ

Is asking about origin allowed?

Not automatically; origin may only be requested if there is an objective reason. Document the question and request justification.

Do I have to fill every field on the application?

No. You may refuse to answer sensitive or unlawful questions; record this in writing and ask for alternative proof.

When should I consider legal action?

If you were clearly disadvantaged or denied a flat, seek legal advice and consider a claim at the local court.

How-To

1. Step 1: Secure evidence (document): Organize copies, emails, photos and witness statements.
2. Step 2: Request written explanations (form): Ask for a written reason for the question or decision.
3. Step 3: Keep deadlines (deadline): Track deadlines for objections and legal steps.
4. Step 4: Seek help (contact): Contact local advisory services or authorities.
5. Step 5: Consider local court action (court): After advice, prepare a claim at the local court if necessary.

Key Takeaways

• Not all questions are permissible; check relevance and legal basis.
• Preserve all documents and communications as evidence.
• Use official advisory services and consider legal action when appropriate.

Help and Support / Resources

• Gesetze im Internet: BGB §535
• Federal Court of Justice (BGH)
• Federal Ministry of Justice (BMJ)

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1. [1] BGB §535 — Gesetze im Internet
2. [2] ZPO — Zivilprozessordnung — Gesetze im Internet
3. [3] Federal Court of Justice (BGH)
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