Tenant Rights: Application Forms & Evidence in Germany

Many tenants in Germany face application forms that include sensitive or potentially discriminatory questions. This article explains in clear language what rights you have as a tenant, how to collect and document evidence, when statutory provisions apply and which authorities are responsible. The aim is to give you concrete steps: secure evidence, send formal notices correctly and observe deadlines, up to involving the local court if necessary. The information refers to German tenancy law and practical procedures for everyday situations so you can respond confidently and lawfully.

What to do if questions in the application form are problematic?

First check whether a question directly violates the General Equal Treatment Act or tenancy law. Important legal bases for tenancy relationships can be found in the German Civil Code (BGB) in §§ 535–580a^[1]. For court procedures the rules of the Code of Civil Procedure (ZPO) apply^[2]. If an application form contains signs of discrimination, document every piece of evidence and respond in writing.

Short-term steps

• Gather evidence (evidence): Keep photos of the form, copies, emails and notes of conversations.
• Send a form or sample letter (form): Send a written inquiry or complaint to the landlord, preferably by registered mail.
• Observe deadlines (deadline): File responses or legal remedies within set time limits.
• Seek advice (contact): Contact the local tenant advisory service for support.
• Inform authority or court (court): Consider filing a claim at the competent local court if out-of-court solutions fail.

Documentation significantly increases chances of success: note date, time, contact person and the exact wording of problematic questions. If possible, ask the landlord for a written statement and set a reasonable deadline.

Rights and legal basis

As a tenant you have obligations and rights: the landlord must hand over the apartment in accordance with the contract and must not engage in unlawful discrimination. For landlord duties see BGB §§ 535–536^[1]. Jurisdiction for tenancy disputes is usually the local court in the first instance; appeals can go to the Higher Regional Court or the Federal Court of Justice (BGH)^[3].

FAQ

Can I report discrimination in the application form?

Yes. Document the question and submit a written complaint to the landlord; in serious cases you can consider legal action.

Do I have to answer a questionable question?

No. You can refuse to answer and instead ask for clarification or record the matter in writing.

Where can I turn if the landlord does not respond?

Contact the local tenant advisory service or prepare a lawsuit at the competent local court; legal rules can be found in the ZPO and BGB^[1][2].

How-To

1. Assemble evidence (evidence): Organize photos, copies of the application form and emails.
2. Write a formal letter (form): Send a demand for explanation to the landlord and set a deadline.
3. Observe deadlines (deadline): Wait for the response period and file remedies if necessary.
4. Obtain advice (contact): Contact tenant counselling or consumer advice services.
5. Consider court action (court): Prepare a claim at the local court and attach evidence.

Key points

• Keep originals and date information to make events traceable.
• Respond promptly because missed deadlines can weaken rights.

Help and Support / Resources

• §§ 535–580a BGB – German Civil Code
• Code of Civil Procedure (ZPO) – Procedural rules
• Federal Court of Justice (BGH) – Official site

1. [1] §§ 535–580a BGB – Bürgerliches Gesetzbuch
2. [2] ZPO – Zivilprozessordnung
3. [3] Bundesgerichtshof (BGH) – Official Website