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What is a tenant self-disclosure?
The tenant self-disclosure is an important part of a rental apartment application. It provides the landlord with a comprehensive overview of the applicant’s personal, family, and financial circumstances. When combined with a credit report, the landlord can assess the solvency and suitability of the potential tenant.
Why is a tenant self-disclosure required?
The landlord needs information about potential tenants to avoid rent nomads or tenants who won’t pay. Voluntarily provided information, like details about pets or planned apartment use, helps the landlord select suitable tenants more precisely.
Is the tenant self-disclosure mandatory?
Self-disclosure for tenants is voluntary; the landlord cannot legally require it. However, completing the self-disclosure improves the applicant’s chances of acceptance.
Permissible questions in a tenant self-disclosure:
- Identity of the tenant (e.g. name, address, date of birth, etc.)
- Marital status
- Number and age of persons belonging to the household
- Employment relationship/employer
- Net income
- Pets, if their keeping may be prohibited
- Whether the tenant is a smoker
- Whether the social welfare office or another basic income support provider bears the rental costs
- Whether insolvency proceedings have been opened against the tenant’s assets
- Whether an affidavit has been made
- Whether there is an attachment of income
- Rent debts from previous tenancies
Inadmissible questions in a tenant self-disclosure:
- Family planning (existing or planned pregnancy)
- Memberships (e.g. in political parties, in a tenants’ association or in a trade union)
- Existence of legal protection insurance
- Person of the previous landlord
- Nationality or ethnicity
- Membership of a religious community
- Hobbies or taste in music
- Existing illnesses or disabilities
- Previous convictions or pending investigations
- Disclosure of income and liabilities in detail
- Income situation of relatives, unless they are also tenants or have provided a guarantee
The tenant’s duty to provide information without being asked:
Tenants must provide unsolicited information in certain situations, such as:
- The rent amounts to 75% or more of the tenant’s net income.
- When the social welfare office or other basic security institutions cover the rent
- When insolvency proceedings have begun against the tenant’s assets
Providing proof of income can also increase the chances of finding a new apartment, even when not required.
What are the consequences of false statements in the tenant information?
It is crucial to provide truthful information when filling out the tenant self-disclosure form. If a tenant provides false information on permissible questions, the landlord can take legal action and terminate the tenancy agreement without notice. Tenants face no legal consequences for refusing to answer inadmissible questions. However, landlords who ask inadmissible questions may face fines for violating the General Data Protection Regulation (GDPR).
Tenant self-disclosure and data protection:
The GDPR mandates that landlords use collected data only for specified, explicit, and legitimate purposes and comply with GDPR principles when collecting and storing data.
Finally, the tenant self-disclosure is essential for a rental application. Truthful and relevant answers increase the applicant’s chances of acceptance.
Applicants can complete the tenant self-disclosure form online, with many forms or samples available. Using a PDF template for the self-disclosure makes the process easier. As part of a proper application portfolio, a carefully completed self-disclosure helps make a positive impression on landlords and increases the chances of finding an apartment.