Tenants' Rights: Rejection Despite Credit in Germany

As a tenant in a German big city, it can be frustrating when a housing offer is refused despite proven creditworthiness. Many affected people think it is due to missing documents or prejudice; often, systematic documentation, targeted inquiries and knowledge of legal options help. This article explains clearly which proofs are useful, which legal basics apply and how to formally file a complaint or go to court. It describes concrete steps for communication with landlords, the role of the local court and relevant BGB and ZPO rules. At the end you will find a practical how-to for lawsuit preparation, FAQs on common questions and official links to laws and courts in Germany.

What to do if refused despite verified credit?

First check the refusal objectively: was a formal reason given or did the justification remain vague? Ask for a written explanation and collect all relevant documents. Refer to your evidence and briefly explain why the refusal is unfounded in your view. Relevant legal duties and rights can be found in the BGB §§ 535–580a^[1] and in the ZPO for court actions (ZPO)^[2].

Which proofs should you collect?

• Proof of income (proof): payslips or current salary statements for the last three months.
• SCHUFA report (record): current self-disclosure or credit report.
• Rent payment records (rent): bank statements or receipts showing punctual payments.
• Reference letters (form): positive landlord or employer references.
• Correspondence (document): emails, letters or messages with the landlord.

Formal steps: letters, deadlines and possible lawsuit

Write a short, factual inquiry first and request a written reason. Point to your documents and set a clear deadline for reply (for example, 14 days). If the landlord does not respond or the reason is insufficient, you can send a formal complaint by registered mail and consider legal advice.

• Send written inquiry (form): briefly describe the situation, attach evidence and set a reply deadline.
• Seek contact (call): try mediation through a property manager or a tenant mediation service.
• Examine legal steps (court): for unclear or potentially discriminatory refusals, the local court is responsible; legal action follows ZPO rules.

Important forms and examples

There is no single nationwide template for every complaint, but for court proceedings you need the usual complaint requirements according to the ZPO. Forms and guidance for procedures are available at the competent local court or via the justice portal. Justice portal^[3] Example: a short sample letter to the landlord could include: name, rented property, brief description of the credit proofs and a request for a written reason within 14 days.

FAQ

Can a landlord refuse me a flat because of bad credit?

Yes, landlords may check creditworthiness and refuse if proven inability to pay; if the credit check is incorrect or discriminatory, rights can be asserted.

What helps if the refusal seems unfounded?

Collect documentation, ask in writing for a reason, present credit evidence and consider filing a complaint or seeking legal advice.

When is the local court responsible?

The local court is responsible for tenancy disputes such as claims; rules of procedure and filing are governed by the ZPO.

How-To

1. Gather documents (proof): collect income statements, SCHUFA and rent payment records.
2. Send written inquiry (form): request a written reason and set a deadline, e.g. 14 days.
3. Consider mediation (call): use conciliation services or mediation offers.
4. Prepare legal action (court): file a claim at the local court with all evidence and a clear claim statement if necessary.

Help and Support / Resources

• Gesetze im Internet: BGB §§ 535–580a
• Bundesgerichtshof (BGH) – Decisions
• Justice portal: Information on courts and procedures

1. [1] BGB §§ 535–580a on gesetze-im-internet.de
2. [2] ZPO on gesetze-im-internet.de
3. [3] Justice portal - information on courts