Tenant Rights for Application Forms in Germany

As a tenant in German big cities, application forms for housing are part of daily life. Many students feel disadvantaged by personal or financial questions or are unsure which details are necessary. This guide explains which questions are permitted, which may amount to discrimination and how to assert your rights in Germany. It shows simple steps: which documents are useful, how to document problematic questions and when to formally object or file a complaint. Notes on tenant and landlord obligations can be found in the BGB.^[1] If in doubt, document everything in writing and check deadlines for objections; legal proceedings often take place at the local court or regional court under civil procedure rules.^[2]

What belongs in an application form?

Good application forms are limited to necessary proof of ability to pay rent. Provide only the requested documents and avoid voluntary disclosures of sensitive matters.

• Proof of income (payment) – pay slips, BAföG notices or scholarship confirmations.
• Identity and registration confirmation (document) – copy of ID and registration certificate.
• Certificate of no rent arrears (record) – proof of previous rent payments, if available.
• References or landlord certificate (contact) – contact details of previous landlords for inquiries.

When is a question discriminatory?

Questions about origin, religion, marital status, pregnancy, health data or union membership can be inadmissible. Such questions often conflict with the General Equal Treatment Act and are only permitted in narrowly defined cases. Check whether the question is genuinely relevant to deciding on the tenancy; if in doubt, document the question and request a written explanation from the landlord.

How to enforce your rights

If you find a discriminatory or inadmissible question, follow clear steps: collect evidence, inform the landlord in writing and use deadlines before considering further legal action.

1. Document (document) – secure photos, copies and emails, note names and dates.
2. Send a formal complaint (form) – write a short, factual request for explanation and set a deadline of about 14 days.
3. Contact external help (contact) – consult advisory centers or authorities if needed.
4. Consider court action (court) – filing a claim at the competent local court may follow; observe ZPO deadlines and procedures.^[2]

Frequently Asked Questions

May the landlord ask about origin or field of study?

Such questions are often inadmissible and may constitute discrimination; document the request and ask for a written justification.

Which official forms help with correspondence?

There are templates and sample letters for formal correspondence, such as notices of termination or defect notifications; sample letters and checklists are available on official judicial websites.^[4]

Where do I file a lawsuit?

Civil disputes in tenancy law are generally heard at the local court; in appeals, regional courts and the Federal Court of Justice (BGH) are competent.^[3]

How-To

1. Collect evidence (document) – secure screenshots, paper forms and messages.
2. Send a written request (form) – demand an explanation and set a response deadline.
3. Seek advice (contact) – contact an official advice center or supervisory authority.
4. Initiate legal steps (court) – if necessary, consider filing at the local court and prepare evidence.^[2]

Key Takeaways

• Document every problematic question immediately (document).
• Send a short written request with a deadline (form).
• Consider court action at the local court if no solution is found (court).

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Zivilprozessordnung (ZPO)
• Federal Ministry of Justice and Consumer Protection – forms and templates

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH) – information and decisions
4. [4] Federal Ministry of Justice and Consumer Protection – forms and templates