Choosing tenants — theright questionsto prospective tenants

What you may ask (Federal Court of Justice case law 2024)

• Personal data: surname, first name, date of birth, nationality (not religious affiliation!)
• Occupation + employer + type of employment (fixed-term/permanent)
• Net income + receipts (3 payslips; self-employed: BWA + tax assessment)
• Number of people moving in + age (for sizing the flat)
• Have you ever had an eviction action / rent arrears? (rental history)
• Have you ever made a statutory declaration of assets / been insolvent?
• Haustier-Haltung (Hunde, Katzen, Reptilien)
• Smoking in the flat? (better to document in the handover protocol)
• Schufa report (with the applicant's consent!)

What you may NOT ask (AGG prohibition)

• Religion / Konfession
• Family planning (wanting children, pregnancy)
• Sexuelle Orientierung
• Party affiliation
• Kunst-/Musik-Geschmack
• Severe-disability pass (unless the flat is fitted out for disabled access)
• Previous convictions (except eviction-related)
• Financial circumstances beyond the debt situation (share portfolio, inheritance)

In the event of a violation: damages under §15 AGG (often several thousand euros). Very rare, but lawyers are specialising in it.

Tenant self-disclosure — the mandatory standard

Provide prospective tenants with a uniform Tenant self-disclosure form form. Advantages:

• All mandatory details captured in a consistent format
• Securing evidence in case of later disputes
• Vergleichbarkeit zwischen mehreren Interessenten
• AGG-compliant through standardised questions (no discrimination in individual cases)

Credit check — what's allowed?

• Schufa report "BonitätsCheck Vermieter" — 39.95 € per request, tenant's consent mandatory
• BANK tenant report (CRIF) — €27, similar to Schufa
• Guarantee declaration from the employer/parents — free, but legally weaker
• 3 letzte Gehaltsabrechnungen + Arbeitsvertrag (Standard)
• Tax assessment for the last 2 years (self-employed)
• Requirement: max. 30-33% of net income for the warm rent (Federal Court of Justice guideline value)

Previous-landlord certificate — the golden ticket

A confirmation from the previous landlord that rent payments were on time + there were no problems is highly meaningful. Caution: the previous landlord may pass on no personal data without the tenant's explicit consent (GDPR + BDSG).

How Rentprime helps you

Rentprime has a tenant self-disclosure generator: you choose the flat and language, and the system produces a PDF self-disclosure form for the applicant that complies with the German General Equal Treatment Act (AGG). Plus a template for a previous-landlord certificate, a credit-check integration (Schufa, CRIF) and an automatic 30% check of the income stated.

Related topics: Calculate the permitted rent · Tenant management module