Data protection when signing a lease – what landlords are allowed to ask for

In the process of signing a lease, tenants are often required to provide sensitive personal information. Landlords are very interested in this information in order to protect themselves against possible rent defaults or to check the creditworthiness of the potential tenant. But which data is a landlord actually allowed to request and which is not? What legal provisions must be observed in this regard?
The issue of data protection also plays an important role in rental law. When collecting personal data, the landlord must take into account the requirements of data protection and ensure that he does not get himself into legal trouble. Because in the event of a breach of data protection, the landlord faces a heavy fine.
In this article, you will learn what data landlords are allowed to request and what rules must be observed in doing so. We also go over the tenant’s rights regarding the collection and processing of their personal data. As a landlord or tenant, you can find out about the legal requirements and how you can protect yourself against data misuse.

The basics of data protection in rental agreements

Lease data privacy is an important issue that both tenants and landlords should pay attention to. In connection with the rental of housing, personal data of tenants is unavoidable. However, data collection and processing must always be in compliance with data protection law.

Landlords may only collect and process personal data from tenants that is necessary for the performance of the lease agreement. Relevant here is in particular information about the person, such as name, address and date of birth. Other information, such as religious affiliation, is not relevant and must not be requested.

As part of the lease agreement, landlords may also request information about the tenant’s ability to pay. This may include, for example, disclosure of income or creditworthiness. A Schufa report is permissible insofar as the landlord uses it as a tool to get an idea of the tenant’s solvency.

• To summarize:
• Personal data may only be collected and processed if it is necessary for the fulfillment of the rental contract.
• Data collection must be carried out in accordance with the provisions of data protection law.
• Information on the tenant’s creditworthiness may also be requested, provided that it is relevant to the performance of the lease agreement.

What information can landlords request?

Before a lease is signed, landlords may request some information. In doing so, however, they are bound by the provisions of the Data Protection Act and the General Equal Treatment Act. For example, landlords are allowed to obtain information about a potential tenant’s income to check the tenant’s ability to pay. A Schufa report may also be requested to clarify possible debts or payment defaults.

In principle, however, a landlord may only request information that is relevant to the decision on the lease. This means that he may not ask questions that invade the tenant’s privacy, such as about his religion or sexual orientation. Questions about existing illnesses or pregnancy are also inadmissible.

In addition, landlords must ensure that all information is treated confidentially. They may not conduct interviews in a manner or manner that violates the tenant’s dignity. Information may only be disclosed if there is a legal basis for doing so or the tenant has given express consent.

• Conclusion:
• Landlords are allowed to ask for information that is relevant to rental decision making, such as e.g. Information on creditworthiness
• Questions that invade the tenant’s privacy are not permissible
• All information must be kept confidential and must not be conducted in a manner that would harm the tenant’s dignity

Data protection in the rental contract

If you are a tenant looking for an apartment and submitting applications to landlords, there are some things that landlords are not allowed to ask about. This includes, but is not limited to, sensitive data such as family situation, sexual orientation or religion. Landlords only have the right to ask for information that is relevant to the decision about the lease. This includes, for example, the tenant’s credit rating and rental history. Income and employment may also be queried to assess the tenant’s financial stability.

It is also important to note that landlords are not allowed to obtain SCHUFA information without the consent of the tenant. This is a special form of credit check. A query of the employer is also only permissible under certain circumstances. Companies dealing with tenant information may not store or request sensitive data, such as information about the tenant’s health.

There are also limits on monitoring the tenant within the apartment. Landlords are not allowed to install surveillance systems in the apartment without particularly serious reasons. This includes, for example, burglary or vandalism. Covert cameras are also only permitted in extremely exceptional cases. The landlord must inform the tenant in any case when monitoring measures take place.

• What information may not be requested by landlords?
• What data is relevant for the decision on the lease?
• What must be considered when obtaining a SCHUFA report?
• When may the tenant’s employer be questioned?
• Up to what point are landlords allowed to monitor tenants?

Data protection in the rental agreement – what may landlords query??

Within the framework of a rental agreement, landlords can collect personal data from their tenants. But not everything is allowed. Landlords may only collect data that is necessary for the conclusion and execution of the rental agreement. This includes, for example, name, address, date of birth and occupation. The tenant’s account data may also be requested in order to debit the rent.

Other data, such as membership in a trade union or political party, on the other hand, may not be requested. Also the income of the tenant is usually not relevant and may not be inquired about. However, there are exceptions if, for example, a guarantee is required.

It is important to emphasize that landlords are obligated to use the collected data only in the context of the rental agreement and not to disclose it to third parties. A breach of data protection may result in severe penalties. Tenants have the right to request information about the data stored about them at any time and, if necessary, to have this data corrected or deleted.

• Conclusion: Landlords may only collect data that is relevant to the rental agreement. Other data may not be collected. The data collected may not be passed on to third parties and must be used within the scope of the rental agreement.

Summary

Data protection is also of great importance in the rental agreement. Landlords are only allowed to query certain personal information under certain circumstances. This includes, for example, checking the creditworthiness of the tenant. Here, the landlord may only ask if he has a legitimate interest in the solvency of the tenant.

Information on previous convictions or other personal circumstances may not be requested lightly. Here, the tenant has a right to informational self-determination and is only required to disclose information that is necessary to enter into the lease agreement.

In general, landlords should be sensitive to tenants’ privacy rights personal information and only ask for what is relevant to the lease agreement. Also, the data must be kept safe and must not be shared unnecessarily.

If the tenant is unsure, they can always contact a lawyer or the tenants’ association to find out their rights.