Tenants: Rejection Despite Credit in Germany

Many tenants in Germany find that landlords reject applications even though the credit check is positive. Such rejections can be surprising and may raise concerns about discrimination. This guide explains in plain language what rights tenants have, what information you should request and how to systematically document to improve your chances. You will receive concrete advice on template letters, deadlines and possible legal steps as well as practical examples of how to lodge an objection. The aim is to give you simple, effective options so you can review decisions, gather evidence and, if necessary, initiate further steps.

Why landlords may reject applications

Landlords may assess applications on factors such as creditworthiness, references and completeness of documents. Legal limits arise from the German Civil Code (BGB) §§ 535–580a^[1] and from the General Equal Treatment Act (AGG) if rejections are based on protected characteristics.

First steps after a rejection

• Within 7 days (days) request the reasons in writing and ask for a brief explanation.
• Document all emails, documents and evidence (evidence) related to your application.
• Use a template letter (form) and send it by registered post, obtain confirmation of receipt.^[2]

Template letter: suggested wording

Dear Sir or Madam, please inform me in writing of the reasons why my application was refused. If the decision is not based on objective criteria, I reserve the right to consider further steps. Yours sincerely, [Your Name].

Legal steps

If the rejection gives rise to a suspicion of discrimination or lacks a factual explanation, you can examine rights under the AGG and, if necessary, take legal action. Rental disputes and enforcement of claims are usually first heard in the local court; procedural rules are in the Code of Civil Procedure (ZPO)^[3]. For fundamental questions, higher court rulings (e.g. BGH) may be relevant.

FAQ

Can I take legal action against a rejection?

Yes, if the rejection seems unjustified or is due to protected characteristics, you should collect evidence and seek legal advice.

Does the AGG apply to housing applications?

The AGG may apply if rejections are based on gender, origin, religion, disability or similar characteristics.

Which court handles tenancy disputes?

Most tenancy disputes are handled by the local court (Amtsgericht); higher-value cases go to the regional court (Landgericht).

How-To

1. Check deadlines (days) and respond within the specified time.
2. Complete the template letter and send it by registered post (form).
3. Collect evidence (evidence): screenshots, emails, application documents and contacts.
4. Seek advice (help): contact a tenants' association or legal advisor.

Key Takeaways

• Documenting everything improves your position in disputes.
• Observe deadlines, especially for information requests.
• Using a template letter helps you respond formally and clearly.

Help and Support / Resources

• German Civil Code (BGB) – gesetze-im-internet.de
• Federal Ministry of Justice – bmj.de
• Code of Civil Procedure (ZPO) – gesetze-im-internet.de

1. [1] German Civil Code (BGB) §§ 535–580a
2. [2] Federal Ministry of Justice (BMJ) – templates and guidance
3. [3] Code of Civil Procedure (ZPO)