Tenants in Germany: Rejection Despite Credit? Use Evidence

As a tenant in Germany you may sometimes receive a rejection for an apartment even though your credit is good. Such cases can have many causes: a landlord's subjective selection, assumptions, or incomplete documents. The important thing is: you do not have to stay silent. Documentation, targeted inquiries and collecting indications create a basis for a factual review and possible legal steps. This text explains which documents are useful, how to make formal requests, which official steps are possible and which courts in Germany are responsible. We also show when a lawsuit can make sense and how legal aid (PKH) can work.

Why rejections happen despite good credit

Even with good credit a rejection can occur: private landlord preferences, existing interested parties, missing references or unjustified selection practices. Discrimination is prohibited but hard to prove. Legal bases for landlord and tenant duties are found in the Civil Code (BGB) in the tenancy provisions^[1]. Often formal files and a clear chronology of events are decisive to challenge or prove a rejection.

What tenants should collect

• Income and payment proofs (payment, deposit): pay slips, bank statements as evidence of regular payments.
• Correspondence with the landlord (document, evidence): emails, SMS, rejection letters and notes about conversations.
• Photos and copies of listings (photo, evidence): adverts, listing texts and photos from viewing appointments.
• Forms and proofs (form, notice): tenant self-disclosure, credit report (Schufa), reference letters.

Forms and official steps

Practically important are some standardized steps: first a polite written inquiry to the landlord, then a formal request for information on the reasons for the rejection. If there is suspicion of unlawful discrimination, consulting a lawyer or initiating legal action may be appropriate. For court proceedings, the rules of the Code of Civil Procedure (ZPO) are relevant; lawsuits are usually filed at the competent local court (Amtsgericht)^[2].

FAQ

Can I challenge a rejection if my credit is good?

Yes. Request the reason in writing, collect evidence and check whether selection criteria were violated or applied discriminatorily. Legal advice can help assess the chances of success.

Which evidence is most important?

Important are income and payment proofs, correspondence with the landlord, copies of listings and witness/reference statements. A clear chronology strengthens the argument.

When should I go to court?

If talks and formal inquiries produce no explanation and there is a serious suspicion of unlawful rejection, filing suit at the local court may be appropriate. Procedures and formal requirements are governed by the ZPO^[2].

How-To

1. Collect evidence: create a complete file with income proofs, bank statements, emails and photos.
2. Written request: send a polite written request asking for the reason for the rejection and ask for an answer within a deadline.
3. Seek advice: contact legal counseling or tenant support, check eligibility for legal aid (PKH) if needed.
4. Court action: if necessary, file suit at the competent local court; observe formalities and deadlines under the ZPO^[2].

Help and Support

• Gesetze im Internet – BGB §§ 535–580a
• Gesetze im Internet – ZPO
• Bundesgerichtshof – Decisions (tenancy law)

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof – Decisions (Mietrecht)