Tenant selection checklist

What you may ask

What you may ask a prospective tenant depends on the stage of selection: before the viewing, name and contact are enough. Income, occupation and a Schufa report only once you intend to let to someone. Religion, origin, pregnancy, family planning, criminal record and membership of a party or trade union are off limits.

If you ask an inadmissible question, the applicant may answer it falsely, and it breaches data protection and equal treatment law. So only ask what you really need for your decision.

The order in which you select a tenant

Tenant selection runs in four phases: criteria and listing, viewing, selection with self-disclosure and credit check, then lease and move-in. Each phase only collects the data you need at that moment, which keeps you on the safe side on data protection.

1. Set your criteria and the rent; in areas with a rent cap you check the limit with the rent cap calculator.
2. Publish the listing with the mandatory energy certificate details and without wording that selects by origin, religion, age or gender (AGG).
3. For the viewing only ask for name and contact, bundle appointments and coordinate with the current tenant if the flat is occupied.
4. Ask all applicants the same questions and give them the same information.
5. Obtain self-disclosure, proof of income and a Schufa report from your preferred applicant.
6. Reject the other applicants and delete their documents.
7. Sign the lease, agree the deposit and hand over the flat with a protocol.

How to organise viewings

Bundle viewings into one or two dates and announce them in good time and at usual hours; if the flat is still occupied, coordinate the dates with your current tenant.

Give all applicants the same information on rent, service charges and move-in date and ask everyone the same questions. That way you can later explain clearly why you chose someone.

How to check creditworthiness

Three documents are usually enough for creditworthiness: the last three payslips, a Schufa report and, if desired, a confirmation from the previous landlord. As a rule of thumb, the net cold rent should be at most a third of net income.

Only ask for the Schufa report once you intend to let to the applicant. The previous landlord's confirmation is voluntary for them. Have the ID shown to you; you do not need a copy.

How to reject and what happens to the documents

You reject the other applicants politely; you do not need to give detailed reasons. The decision must not, however, be based on origin, religion, gender, age, disability or sexual identity (AGG).

Delete the documents of rejected applicants as soon as you no longer need them. If you only copy what you need from the start, you have less to delete later.

From the lease to move-in

After the acceptance come lease, deposit and handover. You draw up the lease with the rental agreement template. The deposit is at most three months' net rent, payable in three monthly instalments (§ 551 BGB); the rent deposit calculator works out limit and instalments.

The flat handover checklist guides the handover on move-in day, and within two weeks of move-in you issue the landlord's confirmation of residence.

Typical tenant selection mistakes

Tenant selection mistakes mostly concern data protection or equal treatment, and they often happen in the listing already.

• Wording wishes such as “Germans only” or “working people under 40 only” in the listing.
• Asking for payslips and Schufa before the viewing.
• Copying IDs and keeping documents of rejected applicants.
• Asking applicants different questions.
• Setting the rent above the rent cap limit.

If it is your first rented flat, the first letting checklist shows what comes before tenant selection.