Tenant Rights: Rejection Despite Credit in Germany

As a tenant in Germany, a rental rejection despite clear creditworthiness can be frustrating and confusing. This checklist helps you systematically collect evidence, check rights under the BGB^[1] and take prompt action, such as drafting an objection, filing a complaint with the relevant authorities, or preparing a lawsuit. I explain in plain language which documents are helpful, which deadlines to watch, and how to draft formal letters. The guide is aimed at non-lawyers and includes practical examples to improve your chances of contesting rejections due to discrimination or unclear criteria and to enforce your right to fair access to housing in Germany effectively.

Overview

Landlords must provide factual reasons when deciding on applications. If creditworthiness documents exist, clues such as contradictory statements, different criteria for comparable applicants, or timing patterns in rejections can reveal unlawful or discriminatory practices. If out-of-court resolution fails, the Code of Civil Procedure (ZPO) provides concrete routes for a lawsuit^[2].

Key evidence to collect

• All application documents: tenant self-disclosure, credit report (Schufa), and income proofs.
• Email and SMS communication with the landlord or agent, including dates and times.
• Photographs of notices or ads that may show discriminatory wording.
• Witness statements from other applicants or neighbors, if available.
• Documentation of deadlines: when you were informed and when you responded.

Practical steps to enforce rights

1. Organize evidence: create a chronological application log with copies of all documents.
2. Request reasons in writing: ask for a binding explanation for the rejection by email or letter.
3. Seek advice: contact local tenant advice services or the competent local court for guidance.
4. Prepare objection or lawsuit: draft and file a lawsuit at the competent local court if necessary^[3].
5. Respect deadlines: be aware of short time limits for responses and evidence gathering.

Forms and templates

For court proceedings, a complaint form (civil claim form) is often used to submit your statement of claim to the competent Amtsgericht. Example: If you can show that comparable applicants with worse creditworthiness still received the apartment, describe the facts, attach evidence and ask the court for a decision. An application for interim relief may be relevant if the rejection causes immediate harm, such as impending loss of housing. Use legal advice or the templates provided by the competent court to prepare these filings^[3].

FAQ

What can I do if I am rejected despite good credit?

You should request a written reason, collect evidence and consult tenant advice; if necessary, a lawsuit at the local court is possible.

Does the landlord have to disclose decision reasons?

They are not always obliged to disclose detailed reasons, but a written request can produce clues and pave the way for legal action.

How long do I have to secure evidence?

Secure evidence immediately, as records or ads can disappear quickly; procedural deadlines under the ZPO apply for court actions.

How-To

1. Collect all application documents and communication logs.
2. Request written reasons for the rejection and document the response.
3. Use tenant or legal advice to assess the evidence.
4. Prepare and file a lawsuit at the competent local court if necessary.
5. Observe deadlines and act promptly to preserve evidence.

Help & Support

• Federal Ministry of Justice and Consumer Protection (BMJ)
• Laws in the Internet (BGB / ZPO)
• Federal Court of Justice (BGH) decisions

1. [1] Civil Code (BGB) — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] German Justice Portal - Forms and Information — justiz.de