Tenant self-disclosure: What tenants should know!
The tenant self-disclosure is the most important document when applying for a flat. It is a more or less freely formulated questionnaire that is supposed to give the landlord an overview of who is applying for the flat. However, many questionnaires contain questions that are not allowed or that do not have to be answered truthfully. As a tenant, you naturally want to present yourself as convincingly as possible – so what do you have to bear in mind when filling it out?
What is the tenant's self-disclosure?
This information is often a rather freely designed questionnaire. The landlord wants to get an overview of who the applicant is. So it is about information about the personal, family and economic situation before signing a tenancy agreement. It does not have to be filled out, but no landlord will choose an applicant who refuses to do so. There are also differences between the questions allowed depending on whether the information is given after an initial viewing or when the tenancy agreement is signed.
What may be asked by the landlord?
In principle, landlords are allowed to ask about the aspects that are necessary for deciding on an applicant as well as for concluding a tenancy agreement. Examples of permissible questions are:
- Name and current addres
- Certificate of eligibility for housing (only for socially subsidised flats)
- Number, age and, if applicable, income of persons who want to move in with you
- Gross income
- Pets (must only be stated if they are animals that could disturb the neighbours, small animals such as rabbits or fish do not have to be included)
- Questions about rent debts, submission of an affidavit or existence of consumer insolvency.
This information is used to decide whether an applicant will be offered the tenancy.
What may be queried when the tenancy agreement is concluded?
If a tenancy agreement is to be concluded with an applicant, the landlord may take a closer look. In addition to the above information, he may now ask for proof of income and creditworthiness. For proof of income, an employment contract and the most recent pay slips are usually requested. The proof of creditworthiness is the classic Schufa report. Not every landlord asks for this information and it can of course be refused, but it can be assumed that no tenancy agreement will be concluded as a result.
Tenant or Schufa information?
Some landlords ask for a tenant’s self-assessment at the time of the viewing. It can be advantageous to bring the Schufa report with you at this stage, but many prospective tenants confuse the two. The self-disclosure is simply a completed questionnaire provided by the landlord. The Schufa information also bears the misleading name Schufa self-disclosure, as this can be obtained even for the purpose of renting a flat. There is no need to carry this information with you for the viewing unless you are absolutely sure that you want to rent the flat.
What must not be asked?
Landlords may only request information that is absolutely necessary for the conclusion of a tenancy agreement. The following topics are not relevant:
- Family planning
- Duration of the employment relationship
- Political, sexual orientation, religion, ethnicity
- Criminal record
- Hobbies
- Illnesses or disabilities
- Contact details of the current landlord
Caution is advised here not only in the tenant’s self-disclosure, but especially in direct conversation during the viewing. People often try to find out through small talk whether the prospective tenant is planning to move again soon, to move in with their partner or to start a family and then possibly move into a larger flat. This is interesting for the landlord, because he does not have to look for new tenants right away – but he is not allowed to ask this.
What to do in case of inadmissible questions?
A very common but inadmissible question in information forms is the question about the contact details of the current landlord. If the landlord has not given express consent, this information may not be provided. In this case, the inadmissibility of the question can be pointed out, the field can simply be left blank. If, on the other hand, a question comes up in the conversation that is not permitted, this is already more difficult. In this case, interested parties do not have to tell the truth. In plain language, this means that they are allowed to lie. If an applicant builds furniture himself, for example, which can be quite loud, he may conceal this. A pregnant woman may state that she is not pregnant when asked, because she does not have to give any information about this either.
Conclusion: The right way to deal with tenant self-disclosure
A tenant self-disclosure should be filled out truthfully and completely within the permissible framework if there is an interest in the flat. After all, the future landlord also wants to know who will occupy his property and whether it fits in with the house community. However, inadmissible questions must either not be answered at all or not truthfully. Most landlords are responsible with their options and do not ask indiscreet questions – they also know their rights. If many questionable details are asked, this may even give more reason to question the offer as a whole.
