Tenant Rejection Despite Credit: Rights in Germany
Rejection despite credit: first steps
If you receive a rejection for a tenancy offer even though your credit has been checked and is good, you have several options. First document all messages, prepare a written inquiry or objection and check whether discrimination exists. Rights and obligations under tenancy law in the BGB are central here[1], as is the jurisdiction of the local courts for tenancy disputes[2].
- Collect evidence: tenant self-disclosure, proof of income, bank statements, emails and photos from viewing appointments.
- Object in writing: Draft a short objection with date, reasoning and a request for correction.
- Observe deadlines: Give the landlord a reasonable deadline to respond (e.g. 14 days).
- Administrative or legal steps: If no agreement, consider a lawsuit or injunctive relief before the local court[2].
Use sample texts to avoid formal errors. If the rejection is based on inadmissible criteria (e.g. origin, religion), this can be discrimination and requires immediate action and documentation. Relevant case law from the Federal Court of Justice can help in individual cases to assess the prospects of success[3].
Frequently Asked Questions
- Can a landlord refuse an offer despite good credit?
- Yes, in principle a landlord may decide freely as long as there is no discrimination; incorrect or irrelevant reasons can, however, be challenged.
- How do I recognize discrimination?
- Decisions are discriminatory if made because of origin, religion, gender or disability. Document statements and ask in writing for the reason for rejection.
- Which deadlines must I observe?
- Objections and legal actions should be taken promptly; set a short deadline (e.g. 14 days) for a response and collect evidence.
How-To
- Collect all documents and evidence that prove your creditworthiness and application.
- Draft a written objection or correction request and send it by registered mail.
- Set a deadline (e.g. 14 days) for the response and record this deadline in writing.
- If there is no response or justified rejection, consider filing a lawsuit at the local court or contacting an official advice center.
- Obtain legal advice or free tenant counseling before filing a lawsuit.
Help and Support
- Bürgerliches Gesetzbuch (BGB) – Mietrecht
- Zivilprozessordnung (ZPO) – Klageverfahren
- Bundesgerichtshof (BGH) – Decisions