Finding Tenants: What Questions a Tenant Self-Disclosure Form May Ask

Article L-0149 · 27.10.2026 · 7 min. reading time · Joé Christian Ewrard

How can landlords find suitable tenants?

A good tenant selection process does not begin by asking as many questions as possible. It begins with clear criteria. These should have a clear connection to the property and the tenancy agreement. These include, in particular, financial capacity, the intended use of the property and the number of people moving in.

Define these criteria before the first enquiries arrive. This will help prevent personal rapport, origin, age or spontaneous impressions from unconsciously influencing the decision. A consistent process protects both sides: prospective tenants are treated on a comparable basis, and landlords can explain their decision objectively.

In practice, uncertainty often arises under time pressure. Several applicants appear suitable, documents arrive through different channels and one prospective tenant presses for a quick decision. A fixed process helps in this situation: first the viewing, then a declared interest in renting the property, followed by an assessment of the selected candidate. A reservation or verbal commitment should only be made once the key information is plausible and the contractual terms have been clarified.

Even a very careful selection process cannot guarantee that a tenancy will proceed without difficulties. However, it can make risks more visible and prevent a decision from being based on inadmissible or insufficiently meaningful information.

What information may be requested at the viewing?

The [Data Protection Conference of the German Federal and State Governments](https://www.datenschutzkonferenz-online.de/media/oh/OH_Einholung_von_Selbstauskuenften_Mietinteressenten_V2.pdf) distinguishes between several stages of the letting process. Only a small amount of data is required for an initial viewing. As a rule, a name and suitable contact details are sufficient. At this stage, comprehensive information about financial circumstances does not normally need to be collected.

If a prospective tenant views the property alone, their identity may be verified by inspecting their identity card and the completion of this check may be documented. A copy of the identity card is not required for this purpose and is not permitted under the guidance issued by the data protection authorities. In the case of subsidised housing, it may also be established whether the required housing eligibility certificate is available.

A common mistake in practice is to request a complete tenant self-disclosure form before the viewing. Requesting proof of salary, creditworthiness documents or tax assessments from everyone who makes an enquiry routinely goes too far. Most of these people will neither rent the property nor be seriously considered in the selection process.

The step-by-step approach reduces the amount of sensitive data collected and makes viewings easier to manage. It also prevents landlords from holding documents that they are not permitted to process at that stage.

What may be asked in the tenant self-disclosure form?

As soon as a prospective tenant states after the viewing that they wish to rent the specific property, further necessary information may be requested. This includes how many people are to move in and whether they are adults or children. The names and other personal details of people moving in are generally only required if they are also to become parties to the tenancy agreement.

Questions may be asked about a person's current occupation and employer in order to assess their financial situation. The level of net income or the amount available for rent after ongoing financial commitments may also be relevant. It is often sufficient to confirm that a specified amount is available for the particular apartment. However, enquiries may not be made into the reasons for individual financial commitments, such as maintenance or loan obligations.

If the rent is covered in full by a public authority and paid directly to the landlord, the current guidance states that there is no need to ask about the applicant's personal income. Suitable proof that the costs will be covered may be requested at a later stage.

It may also be permissible to ask whether insolvency proceedings have been opened and are still ongoing. Limited questions may also be asked about an eviction order for rent arrears if it is still relevant in terms of timing. Such questions should be worded precisely and should not be expanded into a general enquiry into past financial difficulties.

Questions may be asked about pets that require consent. This must be distinguished from questions about small animals that form part of the normal use of an apartment and are kept in enclosed containers. The specific type of animal, the apartment and the contractual provisions are always decisive.

What must expressly not be asked?

Questions that have no necessary connection to the tenancy are not permitted. These include, in particular, questions about pregnancy, the desire to have children, plans to marry or private family planning. The number of people who will actually move in is relevant. Whether a couple would like to have children in the future is not.

Religion, ethnic origin and nationality may not be asked about as a matter of course either. Criminal convictions and ongoing investigations must likewise not be included in a tenant self-disclosure form. The same applies to membership of a political party or tenants' association. Questions about sexual identity, personal beliefs or a disability are not a permissible substitute for objective selection criteria.

The [General Act on Equal Treatment](https://www.gesetze-im-internet.de/agg/__19.html) provides protection in civil law against discrimination on grounds including ethnic origin, gender, religion, disability, age or sexual identity. Special legal provisions and exceptions apply to the rental of residential property, for example in certain cases involving close personal relationships. However, this does not provide carte blanche for intrusive questions or discriminatory selection criteria. Cases of doubt should be discussed with a specialist lawyer.

According to the current guidance, it is also not permissible to ask how long the applicant has been employed. This does not provide a reliable indication of how long the employment will continue. Nor may the contact details of the applicant's current or former landlord be requested.

Prospective tenants do not have to answer questions that are not permitted. A blanket statement on the form declaring that all information is provided voluntarily does not make the collection of unnecessary data lawful. There is a significant imbalance of power, particularly when an apartment is in high demand. Consent is therefore not automatically voluntary.

How can landlords make a fair and transparent selection?

Suitable criteria are those that apply equally to all applicants. Check whether the rent is likely to be affordable, whether the intended use is appropriate for the apartment and whether the information provided is complete and plausible. Personal rapport may play a role in interpersonal contact, but it should not obscure discriminatory assumptions.

A typical case in regional real estate practice is a prospective tenant who works in Luxembourg and is looking for an apartment in the Eifelkreis Bitburg-Prüm, in Trier-Saarburg or near the border. A foreign employer, a cross-border commute or documents in a different standard format do not in themselves constitute objective grounds for rejection. The decisive factor is whether suitable proof of income can be presented in an understandable form and whether the apartment is appropriate for the intended use.

In the Vulkaneifel, too, the selection process may raise different practical questions than in a central urban location. Commuting, mobility or the location of a house may be important to prospective tenants. However, landlords should not draw any conclusions about their private circumstances from this. The relevant question is whether prospective tenants believe the apartment is suitable for their intended use, not how they should organise their daily lives.

Document the decisive criteria briefly and neutrally. Notes such as “proof of income still outstanding” or “preferred move-in date is not suitable” are more transparent than personal judgements. Sensitive assumptions and disparaging comments have no place in either a file or an email.

When may proof of income and creditworthiness be requested?

Supporting documents should only be requested from the person whom the landlord has specifically selected. Immediately before the tenancy agreement is concluded, a payslip, a suitable bank statement or a tax assessment notice, for example, may be submitted. Information that is not required may be redacted.

When it comes to a credit report, its content is what matters. Only documentation containing credit information required for the specific tenancy may be requested. The comprehensive copy of personal data that a credit agency provides to an individual under data protection law often contains far more information and, according to the [Data Protection Conference’s model self-disclosure form](https://www.datenschutzkonferenz-online.de/media/oh/OH_Einholung_von_Selbstauskuenften_Mietinteressenten_V2_Anhang.pdf), may not be requested.

A landlord may make their own enquiry with a credit agency only if there is a legal basis for doing so and the information is necessary. If sufficient proof of creditworthiness has already been provided, an additional enquiry is generally not justified. Standard-form consent does not resolve this issue.

A certificate confirming that there are no outstanding rent payments may not be made a mandatory requirement. Previous landlords are not obliged to issue such a certificate. Anyone who makes it a fixed exclusion criterion could disadvantage a suitable applicant who cannot obtain the document despite having paid their rent properly.

What happens to the data of rejected prospective tenants?

As soon as it has been established that no tenancy agreement will be concluded with a prospective tenant and the data is no longer required for the selection process, it must generally be deleted. This applies to digital forms as well as emails, printouts, identity document data and credit documents.

In individual cases, limited further retention may be necessary to defend against potential claims. According to the guidance issued by the Data Protection Conference, where claims under equal treatment law may be made, the data must generally be deleted after six months at the latest, provided that no further assertion of such claims is expected. The specific retention period should be reviewed and documented from a data protection perspective.

A separate legal basis is required for a prospective tenant database. If someone expressly wishes to be informed about other suitable apartments, the relevant consent may be obtained. An internal blacklist of supposedly difficult applicants is generally not permitted.

Nor may all application documents automatically be retained indefinitely for the person who is awarded the tenancy agreement. Anything no longer required for managing the tenancy must be deleted. If you are unsure, a data protection officer or a suitably specialised lawyer can help.

Which mistakes cause problems particularly often?

Overly extensive standard forms are a classic mistake. Templates from old rental files or unknown online sources often contain questions that are no longer necessary or are asked too early. Each template should therefore be adapted to the specific property and the respective stage of the process.

It is also problematic to make a decision based on gut feeling and only justify it afterwards on financial grounds. Those who define criteria in advance and apply them equally to all applicants act more transparently. This also removes the worry of having to make an arbitrary choice between several likeable prospective tenants.

Making a commitment too hastily is equally risky. If income, the move-in date, the contracting parties or the payment of costs have not yet been clarified, it should first be communicated openly which document is still missing. This is not a vote of no confidence, but a proper next step.

This guide provides general guidance and is not a substitute for legal advice. Whether a specific question or data-processing activity is permissible depends on the individual case. If landlords have legal or data protection concerns, they should consult a lawyer or the competent data protection supervisory authority.

First, review your self-disclosure form and remove anything that is not required for the viewing, selection or contract. Then define objective selection criteria and a step-by-step process. Anyone requiring professional support with the documents and selection process for a specific rental in Bitburg-Prüm, Trier, Trier-Saarburg, the Vulkaneifel or on the border with Luxemburg can have them reviewed before the property is advertised.

Frequently Asked Questions

May I ask prospective tenants about their income?

Yes, if there is a genuine interest in renting the property and the information is required to assess the applicant’s ability to pay the rent. Confirmation that a certain amount is available is often sufficient. If the rent is paid directly and in full by a public authority, asking about income is generally not necessary.

May I ask whether a female applicant is pregnant?

No. Pregnancy, the desire to have children and family planning are part of the protected private sphere and are not relevant to the selection process. You may ask how many people will actually be moving into the property.

Can I require a Schufa report from every person attending a viewing?

No. Suitable proof of creditworthiness should generally only be considered for the selected prospective tenant immediately before the contract is signed. A comprehensive data protection self-disclosure report from the credit agency may not be requested.

May I call the current landlord?

According to the guidance issued by the German Data Protection Conference, the contact details of current or former landlords may not be requested. Making contact without a sound legal basis would also be problematic under data protection law.

Does a prospective tenant have to answer impermissible questions truthfully?

Impermissible questions do not have to be answered. The consequences of a false answer in a specific case are an individual legal matter. Seek advice from a lawyer before taking any action based on such information.

Topics: finding tenants, tenant self-disclosure, tenant selection, impermissible questions, credit checks, data protection when renting out property, renting out property in the Eifel, estate agent Trier

Responsible for this article: Joé Christian Ewrard — agency owner & Real Estate Agent IHK, PRIOCASA Immobilien & Finanzservice. Last updated: 27.10.2026. The draft was created with the support of artificial intelligence and was reviewed and approved before publication (AI Transparency). This post does not replace legal or tax advice; for individual questions, please contact a notary, lawyer, or tax advisor.

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