Tenant Rights After Application Rejection in Germany

Many students and other tenants in Germany find that rental applications are rejected despite good credit. Such rejections are frustrating and raise questions about discrimination, data protection and your rights as a tenant. This guide explains in plain language which steps make sense now: how to document rejections, set deadlines, which official forms and courts are responsible, and when to apply for legal assistance or cost coverage. We provide practical sample texts and examples for students on how to react within short deadlines and address possible discrimination. At the end you will find an FAQ and an easy-to-follow how-to for the next steps in Germany.

What to do after a rejection despite good credit?

First: stay calm and collect evidence. Check whether the rejection was written or verbal; emails and messages count as proof. Document the listing, your application documents, payment evidence and all messages with the landlord or agent. Under tenancy law in §§ 535–580a BGB basic tenant rights are established, which apply in disputes^[1].

• Note deadlines (deadline): Record the date of the rejection and any deadlines for response.
• Collect evidence (document): Save photos, emails, bank statements, tenant self-disclosure and a SCHUFA report.
• Ask in writing (form): Request a written reason and set a clear deadline for reply.
• Check advice options (help): Contact student advice centers, tenant advice or free legal advice and check eligibility for counseling aid or legal cost coverage.

Forms and court steps

If a written inquiry does not resolve the matter, formal steps are possible. Relevant forms include the application for legal cost coverage (PKH) and counseling aid. A PKH application can help cover court costs if you lack funds^[3]. If court action becomes necessary, the local court (Amtsgericht) is responsible; proceedings follow the Code of Civil Procedure (ZPO)^[2].

• Application for legal cost coverage (PKH) (form): File the application if you need support for court costs and include proof of income and rental situation.
• Application for counseling aid (form): Use local counseling services for an initial consultation before court proceedings.
• Claim at the local court (court): If out-of-court routes are exhausted, a claim for discrimination or wrongful rejection can be filed at the competent Amtsgericht.

FAQ

Can I take action against a rejection?

Yes. First request a written justification and secure all documents. If you suspect discrimination or an unjustified rejection, you can consider legal action and, if necessary, file a claim at the local court^[1].

What deadlines must I observe?

There is no uniform deadline for a landlord's response, but you should act promptly (e.g. 14 days) to request a written reason and plan further steps thereafter.

Are there special rules for students?

Students do not have special statutory protection from rejections; however, particular circumstances (e.g. guarantors, willingness to pay) can improve negotiating position. If in doubt, check for discriminatory reasons and seek advice.

How-To

1. Set a deadline (deadline): Write a short deadline (e.g. 14 days) and request a written reason from the landlord.
2. Collect evidence (document): Prepare bank statements, SCHUFA, application proofs and email correspondence.
3. Seek advice (help): Contact student advice centers or legal counsel and consider applying for counseling aid or PKH^[3].
4. Court steps (court): If necessary, file a claim at the competent local court and follow the rules of the ZPO^[2].

Help and Support / Resources

• Gesetze im Internet – BGB §§535–580a
• Gesetze im Internet – ZPO
• BMJV – information on legal cost coverage (PKH)

1. [1] Gesetze im Internet – BGB §§535–580a
2. [2] Gesetze im Internet – ZPO
3. [3] BMJV – Process cost coverage (PKH)