Tenant Questions on Application Forms in Germany

Many tenants in German cities face sensitive questions when filling out application forms. Landlords or housing companies often ask about income, employment, guarantors, pets or criminal records. Some information can reflect a legitimate interest of the landlord; other questions affect privacy or anti-discrimination rights. In Germany, the General Equal Treatment Act and tenancy law offer protection against impermissible questions, but exact limits depend on the individual case and the region. This article explains practically which details are commonly permissible, which questions are problematic, which official forms are relevant and how tenants in Germany can respond concretely if they feel disadvantaged or unsure.

What is permitted on application forms?

In principle, a landlord may request information necessary to assess the applicant's ability to pay and reliability. Relevant legal bases include provisions in the Civil Code (BGB) on duties and defects as well as the General Equal Treatment Act for discrimination prohibitions.^[1]

Typical permissible questions

• Income and employment (to assess ability to pay).
• Previous tenancies and payment confirmations from prior landlords.
• Credit report or consent to a Schufa inquiry if lawful and proportionate.
• Information about pets when specific housing conditions (e.g. allergy-free flats) are affected.

Questions that may be discriminatory

Prohibited are questions that directly concern characteristics such as ethnic origin, religion, worldview, disability, gender, sexual orientation or pregnancy, unless there is a concrete, legally recognized reason. Such questions can implicate the General Equal Treatment Act and are often unlawful.

Official forms and templates

Important official sources and forms for tenants in Germany include:

• Core texts of the BGB (e.g. §§ 535–580a BGB) – basis for rights and duties under the lease.^[1]
• Guidance and templates from the Federal Ministry of Justice (e.g. sample termination letters) – for formal letters when needed.

Practical example: If a landlord asks an impermissible question, tenants can send a registered letter asking for an explanation and set a deadline. A sample termination or formal request can be adapted to the incident and reference the legal bases cited.^[2]

What to do if you feel discriminated against?

Typical steps tenants in Germany should take:

1. Check and document: Record the exact question, date and contact person and keep copies of the application form.
2. Secure evidence: Scan the form, take photos and collect emails or messages as proof.
3. Respond in writing: Request a written explanation or deletion of impermissible questions and set a deadline (e.g. 14 days).
4. Legal action: For continued discrimination, consider filing a complaint with the Anti-Discrimination Agency or pursuing a claim at the local court.^[3]

FAQ

Which questions may a landlord not ask?

Questions about ethnic origin, religion, sexual orientation, pregnancy or health data are generally impermissible unless there is a concrete legal reason.

What if I don't want to answer an impermissible question?

You may refuse such questions and should politely request a written justification; document the situation.

Who can I contact if the landlord persists?

Contact the Federal Anti-Discrimination Agency or the competent local court; seek legal advice if necessary.

How-To

1. Read: Carefully review the application form and mark problematic questions.
2. Document: Make copies and note dates, times and names of contacts.
3. Respond in writing: Send a short, factual request by email or registered letter with a deadline.
4. Complaint or lawsuit: If needed, file a complaint with official bodies or consider court action at the local court.

Help and Support / Resources

• Gesetze im Internet (BGB) - Federal Ministry of Justice
• Federal Court of Justice (BGH) - Case law on tenancy
• Federal Ministry of Justice - Guidance and templates

1. [1] BGB §§535–580a - Gesetze im Internet
2. [2] Bundesministerium der Justiz - Official information and templates
3. [3] Federal Court of Justice - Jurisprudence on tenancy law