Tenant Rights: Rejected Despite Credit in Germany
If landlords reject an application despite proven creditworthiness, tenants in Germany are often left puzzled. This page explains in clear, practical terms what rights you have as a tenant, which documents and proofs are useful, and when discrimination may be present. We show relevant deadlines, how to secure evidence and which official steps are possible — from a formal complaint and legal-aid applications to filing a lawsuit at the local court. Examples and template texts help with quick action. The goal is to give you concrete options so you can challenge rejections without wasting time or money. If in doubt, we also explain when references to protection rights like the General Equal Treatment Act become relevant and which courts are competent.
What does a rejection despite credit mean?
A rejection despite solid credit evidence does not automatically mean the landlord acted unlawfully. Landlords are generally free to choose tenants, but limits exist where discrimination or arbitrary rejection occurs. Relevant rules on the rental contract and landlord duties can be found in the Civil Code (BGB) [1]. If the rejection is based on impermissible criteria (e.g., origin or religion), the General Equal Treatment Act may apply.
Legal basis and jurisdictions
The provisions §§ 535–580a BGB are central for tenancy law and the local court is usually the first instance for claims arising from the tenancy [1][2]. The Code of Civil Procedure (ZPO) governs court proceedings, such as eviction or damages claims.
- Duties of the landlord: maintenance and contract-compliant use of the rental property.
- Rights of the tenant: entitlement to information and justification for significant rejections.
- Protection against discrimination: impermissible selection criteria are unlawful.
Practical steps: How to respond
- Collect documents: credit proofs, emails, application materials and any rejection letters.
- Observe deadlines: respond promptly and record all dates and filing deadlines.
- Consider legal aid: apply for consultation aid or legal-aid for court costs if you plan legal action [3].
- Court action: if out-of-court solutions fail, consider filing a lawsuit at the local court.
Examples: Draft a short, factual dispute letter referring to your credit documents and request a written justification. If the justification seems discriminatory, note exact statements and witnesses.
Forms and official templates
Important nationwide forms that may be relevant in tenancy disputes include:
- Application for legal-aid for court costs (PKH): to be filed at the competent court if you cannot afford the costs of a legal action. Example: you have limited means and want to bring a claim against the rejection.
- Application for consultation aid: for initial legal consultation when costs are a barrier.
Use template wording for a dispute or complaint letter and attach copies of your credit proofs and communications.
FAQ
- Why can a landlord refuse despite good credit?
- Landlords have selection freedoms as long as they do not use impermissible criteria. Legal limits arise from the BGB and anti-discrimination law.
- When is a rejection discriminatory?
- If the rejection is based on characteristics such as origin, religion, gender or disability, the General Equal Treatment Act may be applicable and justify further action.
- Which court is competent if I want to sue?
- Generally, the local court (Amtsgericht) with competence for tenancy disputes is the competent authority.
How-To
- Gather all relevant documents and make copies.
- Set a deadline for the landlord to provide a written justification (e.g., 14 days).
- Apply for consultation aid or legal-aid if necessary.
- Consider filing a lawsuit at the local court with legal support as a last resort.
Help and Support
- Gesetze im Internet – BGB and further statutes
- Federal Court – decisions on tenancy law
- Justice portal – local courts and forms
