Tenant Self-Declaration

The Tenant Self-Disclosure Form is a document that a landlord requests from a prospective tenant to assess their personal and financial circumstances. It contains information on income, employer, household structure, and previous tenancies, and-along with proof of income and a Schufa credit report-serves as the most important basis for decision-making when selecting a tenant. Legally, it is a private-law data collection tool subject to the data protection requirements of the GDPR.

Content and Legal Limits

Permitted questions include: name, address, date of birth, occupation, employer and length of employment, monthly net income, number of people moving in, pets, and any payment arrears from previous tenancies. Questions regarding pregnancy, ethnic origin, religion, illnesses, and political beliefs are prohibited-they violate the General Equal Treatment Act (AGG) and the GDPR. Applicants may answer prohibited questions untruthfully without legal consequences.

A borderline case relevant to practice: The question regarding discharge of residual debt or ongoing insolvency proceedings is permissible, albeit sensitive. Anyone who conceals ongoing personal bankruptcy proceedings is acting with fraudulent intent-which renders the lease agreement voidable. Anyone who discloses it risks rejection, which in itself is not unlawful, provided the rejection is not discriminatory. In such cases, we recommend an individual case-by-case review instead of an automatic rejection.

Use in the Selection Process

The tenant’s self-disclosure is only as valuable as its verification: income information should be substantiated by current pay stubs, and employer information by a copy of the employment contract or telephone confirmation. In addition, we recommend requesting a current Schufa credit report (as a self-disclosure by the applicant pursuant to § 34 BDSG) as well as, if applicable, a letter from the previous landlord. Only by bringing all these pieces together can a well-informed decision be made.

A proven rule of thumb: The primary tenant’s monthly net income should be at least three times the base rent. This threshold protects both landlords (the risk of rent default is statistically low) and tenants (they are not forced into financially untenable situations). For two people sharing a household, their combined net income is used.

GDPR-Compliant Handling

As a landlord, you must inform prospective tenants about the processing of their personal data (Privacy Notice, Art. 13 GDPR). The data may be used exclusively for tenant selection. Documents from rejected applicants must be destroyed no later than upon completion of the selection process-permanent archiving is not permitted without consent. For professional management of multiple units, a standardized GDPR record of processing activities is recommended.

The obligation to delete data also applies to digital data: Anyone who receives applications via email or online portals must ensure that rejected applications are deleted from all systems after a decision has been made. For the selected tenant, the relevant data may be retained for the duration of the tenancy-but only to the extent necessary for the ongoing administration of the tenancy.

Practical Tip for Landlords in Nuremberg and Franconia

In Nuremberg, where attractive apartments often receive many applications, a standardized self-disclosure form is efficient and fair: All applicants provide the same information, ensuring comparability, and you are better protected against AGG lawsuits if the reasons for the decision are documented.

We provide our landlord clients with a proven, GDPR-compliant form and, upon request, guide them through the entire selection process-from apartment viewings and applicant selection to the signing of the lease agreement. In areas of Nuremberg with particularly high demand-such as Gostenhof, Maxfeld, or the Johannisviertel-the demand for well-designed apartments can be so high that a professional selection process is essential from the very beginning.

Frequently Asked Questions

Is the tenant self-disclosure form mandatory for applicants?

No, no one is required to submit a self-disclosure form. However, the landlord may disregard an application without one; in practice, refusal to provide it is effectively a disqualifying factor.

As a landlord, am I allowed to request a Schufa credit report?

Yes, requesting a self-disclosure from the applicant is permissible. It is not permissible to submit a Schufa inquiry without consent (this would constitute a credit check, which requires consent). The applicant, however, may request and submit their own Schufa report free of charge once a year.

What should I do if the applicant has provided false information?

If false information is provided in response to permissible questions, the lease agreement may be contested on the grounds of fraudulent misrepresentation (Section 123 of the German Civil Code), which entitles the landlord to immediately terminate the tenancy. Additionally, damages may be claimed.

Can I also obtain the tenant’s self-disclosure digitally (via email or an online form)?

Yes, this is permitted and common practice. It is important that digital forms also include the privacy notice in accordance with the GDPR and that deletion is ensured once the selection process is complete. Many property management platforms offer GDPR-compliant application forms as a standard feature.

What are the consequences for the landlord if an applicant is selected incorrectly?

If a landlord rejects an applicant for discriminatory reasons-such as origin, gender, or religion-the applicant may claim compensation under the General Equal Treatment Act (AGG). The burden of proof is shifted in favor of the applicant: If the applicant can present credible evidence of discrimination, the landlord must prove that no violation occurred. A consistent, documented selection decision based on objective criteria-income, rental history, household size-is therefore the best safeguard. We recommend documenting the reasons for rejection internally in writing without disclosing them to the rejected applicant.

Practical Tips for Structuring the Selection Process

A structured application process not only protects the landlord legally but also helps ensure the best decision is made. The following sequence has proven effective: First, request self-disclosure forms and proof of income from all serious applicants at the same time. Only once all documents are complete is a preliminary selection made based on the defined criteria. In the next step, the remaining candidates are invited for a property viewing-or, conversely, if the viewing has already taken place, they are asked to submit their complete documents.

If there are several equally qualified applicants, the personal impression gained during the viewing can be taken into account. It is important that this subjective factor does not take on discriminatory characteristics. A structured scoring system-assigning points for income ratio, length of tenancy with the previous landlord, creditworthiness, and household structure-makes the process transparent and traceable and can be presented in the event of a dispute.

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