Tenant Rejected Despite Credit? Rights in Germany

Many tenants in Germany find that an offer or tenancy is denied even though they have proven creditworthiness. Such rejections can have various causes: formal errors in the application process, missing references or, in the worst case, discrimination. As a tenant, you should systematically collect evidence such as rejection letters, e‑mails, the tenant self-disclosure printout and bank statements to document the sequence. In many cases errors can be corrected if you can prove indications that demonstrate an unjustified rejection. This article explains clearly which steps are possible, which forms and courts are relevant and how you can respond in practical terms to improve your chances of renting. Read the notes below and use template letters for correspondence.

What to do if rejected despite creditworthiness?

First check the reasons for rejection and document the date and content of the message. Request a written explanation and secure copies of all documents. The basic duties of tenancy are regulated in the German Civil Code (BGB) ^[1]. Often a clear, factual inquiry to the landlord is enough to clear up misunderstandings.

• Collect evidence: rejection letter, e‑mails, tenant self-disclosure, bank statements and references.
• Complain in writing: set a deadline and request a comprehensible explanation.
• Ask about alternatives: viewing appointments, guarantors or staggered payments may help.
• Consider legal action: if discrimination or unlawful rejection is suspected, proceedings can be brought before the competent local court ^[2].

Evidence, forms and courts

Evidence is central to legal examination. Standard procedures follow the Civil Procedure Rules (ZPO) when a lawsuit is filed ^[2]. The local court is usually competent in the first instance; appeals go to the regional court and ultimately to the Federal Court of Justice ^[3]. In a statement of claim, describe exactly which action you object to and which claim you assert (e.g. injunction or damages).

• Claim form (filing a claim at the local court): used when out-of-court steps failed; example: you seek information and damages after an impermissible rejection.
• Payment order/monition: relevant for outstanding claims, not directly for rejections, but may be part of an overall process.
• Request for interim injunction: only in urgent cases when immediate intervention is necessary, for example in the case of imminent unlawful handover of keys.

Practical approach

Start with a clear file: chronological e‑mails, copies of application documents and witness statements. A template letter to the landlord can address formal defects and request the allocation criteria. If you suspect discrimination (e.g. due to origin, family status or disability), note concrete statements and keep times and places.

FAQ

Can I challenge a rejection?

Yes. Collect evidence, request a written justification and consider out-of-court settlement. If necessary, the matter can be brought before the local court.

Which indications help correction?

Concrete rejection e‑mails, contradictory statements about criteria, missing scoring details and witnesses who confirm the process are helpful.

Which court is competent?

Disputes about contract conclusion or discrimination are usually dealt with by the local court; thereafter the regional court and possibly the Federal Court of Justice ^[3].

How-To

1. Organize documents: collect rejection, e‑mails, bank statements and the tenant self-disclosure.
2. Contact the landlord in writing: ask for justification and set a deadline.
3. Check forms: if necessary, prepare a claim and inform the competent local court.
4. Legal steps: file the claim or seek an interim injunction in urgent cases.

Help and Support / Resources

• German Civil Code (BGB) – Gesetze im Internet
• Civil Procedure Code (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH)

---

1. [1]Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2]Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3]Bundesgerichtshof (BGH) – bundesgerichtshof.de