Tenants in Germany: Avoid application errors
As a tenant in Germany, you often face application forms asking about income, previous apartments or personal circumstances. Small mistakes or unclear answers can trigger follow-up questions, rejection or doubts about your reliability. This text explains typical errors in application questions, how to document indicators securely and which official forms or proofs can help. It also outlines when the local court (Amtsgericht) is competent and which legal bases from the BGB and the ZPO apply, so you can meet deadlines and protect your rights.
What are typical mistakes?
Common mistakes include incomplete information about income, missing proof of previous tenancies, or ambiguous answers about pet ownership or secondary employment. These gaps usually arise from time pressure or uncertainty and can be viewed negatively by landlords. Observe mandatory information and answer precisely; refer to attached proofs or certificates if necessary.[1]
How do you document indicators?
Good documentation means dated, verifiable and organized evidence. Create both a digital and a physical folder where you collect relevant letters, photos and payment records. Note the date, time and circumstances of each relevant situation.
- Save photos of defects with date, time and a short comment.
- Keep all emails and letters and file them chronologically.
- Secure payment receipts, transfer confirmations and invoices.
Forms and official templates
Use official templates and consult authorities when drafting letters or preparing lawsuits. Relevant templates and legal texts are available online and help avoid formal errors.
- Termination letter – BMJ template as guidance for formal letters to landlords.[3]
- Complaint form and procedural rules (ZPO) for eviction suits and court steps before the local court.[2]
- BGB §§ 535–580a (Tenancy law) as the central legal basis for tenant rights and duties.[1]
Action in case of suspected discrimination
If application questions seem unlawful (e.g. about religion, ethnic origin or pregnancy), document the question, the circumstances and possible witnesses. Request written explanations and keep all replies. In serious cases the local court may be competent; inform yourself about procedural paths in the ZPO.[2]
FAQ
- What can I do if the application form asks for sensitive data?
- You do not have to answer unlawful questions; document the inquiry and, if necessary, request a legal review. Refer to your rights under the BGB.[1]
- Which deadlines apply when I report defects?
- Defects should be reported promptly and in writing; keep proof of the report and respond to replies within the stated deadlines, otherwise your claim situation may be complicated.[1]
- When is the local court the right contact point?
- The local court is responsible for tenancy disputes in the first instance, such as eviction suits or contested rent claims; refer to the ZPO for procedural questions and complaint forms.[2]
How-To
- Record deadlines and dates immediately so you do not miss objection periods.
- Create a chronological documentation with photos, emails and witness statements.
- Collect payment proofs and tenancy contracts as evidence.
- Use official forms and templates when submitting letters or lawsuits.[3]
- Contact the competent local court if out-of-court solutions are not possible.[2]
Help and Support / Resources
- Federal Ministry of Justice and Consumer Protection (BMJ)
- Gesetze im Internet (Official legal texts)
- Federal Court of Justice (BGH)