Tenant Rights for Rejection Despite Credit in Germany

If landlords reject a rental application despite good credit, tenants in Germany are often left unsure. This guide explains step by step which rights tenants have, how to draft a timely response and which documents (Schufa credit report, employment contract, proof of income) help. I explain common procedural errors by landlords, when discrimination may be present and how to observe formal deadlines. You will also find practical templates for letters to landlords and advice on when going to the local court (Amtsgericht) makes sense. The aim is that you can assert your claims calmly and effectively without assuming complex legal jargon.

Legal foundations

German tenancy law in the German Civil Code (BGB) regulates landlord and tenant duties, especially in §§ 535–580a^[1]. Court procedures, such as eviction actions or other claims, follow the Code of Civil Procedure (ZPO)^[2]. Important decisions by the Federal Court of Justice (BGH) further clarify interpretation in discrimination or proof-of-credit situations^[3].

What does "rejection despite credit" mean?

A rejection despite good credit can have several causes: unjustified reservations, formal errors in the application or possible discrimination. Important: tenants are entitled to factual reasons and proper documentation of rejections. Request a written explanation if the reason is unclear.

Common mistakes and how to avoid them

• Not attaching sufficient documents (Schufa, proof of income, employment contract).
• Miscalculating deadlines or missing response windows.
• Failing to document important correspondence or not sending it by registered mail.
• Waiting too long to take legal action; missing deadlines for court responses.

Practical tips: collect all documents in a PDF file, note phone calls with date and time, and always request a written reason for a rejection.

Concrete steps to enforce your rights

1. Gather evidence: Schufa report, proof of income, certificate of rent payment history.
2. Draft a factual response letter to the landlord and request a written explanation.
3. Send important letters by registered mail with return receipt to prove deadlines.
4. Contact local legal advice or tenant associations if unsure about next steps.
5. If necessary, initiate legal action at the competent local court (Amtsgericht) or have a lawyer assess whether to file a claim.

Sample letter (short)

Use this template as a starting point: Dear Mr./Ms. X, please explain in writing the reasons for your rejection dated [date]. I enclose copies of my credit documentation (Schufa, proof of income). If personal reasons are cited, please state the legal basis. Sincerely, [Name].

FAQ

Can a rejection despite good credit be unlawful?

Yes, if the rejection is based on impermissible criteria such as origin, religion or disability; this may constitute discrimination.

Which deadlines are important if I want to contest a rejection?

Important deadlines concern evidence preservation and response to correspondence; in court proceedings the ZPO deadlines apply, so fast documentation is crucial.

When should I go to the local court (Amtsgericht)?

If landlords improperly demand termination or eviction or ignore your legitimate claims, the local court may have jurisdiction.

How-To

1. Collect all relevant documents and create an organized file.
2. Draft an informal but specific application letter to the landlord.
3. Send your letter by registered mail and note the related deadlines.
4. Seek legal advice or a conciliation service if necessary.
5. File a claim at the local court as a last resort if out-of-court solutions fail.

Help and Support / Resources

• Gesetze im Internet: BGB §535 ff. (Mietrecht)
• Gesetze im Internet: Zivilprozessordnung (ZPO)
• Bundesgerichtshof (BGH) – Decisions on tenancy law

1. [1] Bürgerliches Gesetzbuch (BGB) — §§ 535–580a, gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO), gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — Decisions in tenancy law, bundesgerichtshof.de