Renting to expats in Germany: the landlord's tenant-screening checklist

English-language guidance on renting in Germany is written almost entirely for tenants. If you are a landlord letting to relocating professionals, you are on your own working out what you may ask, which papers to trust, and how to stay on the right side of both anti-discrimination law and data protection. This checklist walks through a lawful, respectful screening process for international applicants, and points out the statutory rules that protect you as much as them.

What can you legally ask a prospective tenant?

Start from a simple test: does the answer help you judge whether this person can pay the rent and look after the flat? If yes, it is usually fair game. If it only tells you about their private life, leave it out.

Reasonable questions include name and contact details, number of people moving in, employment status and net income, and whether the rent will be paid by the tenant or a third party. Off-limits are questions about ethnic origin, religion, sexual orientation, family planning, or health. Germany's General Equal Treatment Act (AGG) prohibits discrimination in housing on grounds such as ethnic origin, and the safest posture is to ask every applicant the same, documented set of questions.

The practical tool most landlords use is a tenant self-disclosure form (Mieterselbstauskunft) that the applicant fills in voluntarily. Keep it short, keep it relevant, and resist the temptation to add "nice to know" fields. Fewer questions mean fewer ways to get the process wrong.

Which documents actually matter when screening an international applicant?

A relocating professional will rarely have the full German paper trail a local applicant has, so weigh substance over format:

• Proof of income. An employment contract or a recent payslip is the strongest single signal. For someone who has just arrived, the signed contract and start date usually stand in for payslips you do not have yet. A common rule of thumb is that net cold rent should sit comfortably below a manageable share of net monthly income, but treat this as guidance, not a hard cut-off.
• Identity. A passport (plus residence permit or visa where applicable) confirms who you are contracting with. Note the details you need and do not keep more copies than necessary.
• Credit standing. German landlords often ask for a SCHUFA credit report. A newcomer may have no German credit history at all, which is not a red flag in itself. A reference letter from a previous landlord or a note from the employer confirming the posting can fill the gap.

Judge the whole picture. A stable employment contract with a known company is often a stronger indicator than a thin or absent credit file.

How much deposit can you take, and how must you handle it?

The deposit rules are fixed by statute and apply regardless of where the tenant is from. The security deposit is capped at three months' net cold rent (BGB § 551 (1), as of 2001). The tenant is entitled to pay it in three equal monthly installments, the first due at the start of the tenancy (BGB § 551 (2), as of 2001), so do not insist on the full sum up front.

A cash deposit must be held separately from your own assets in an interest-bearing account, with the interest accruing to the tenant (BGB § 551 (3), as of 2001). Setting this up correctly signals professionalism and heads off disputes at move-out. Rent itself is payable in advance, at the latest by the third working day of the payment period (BGB § 556b (1), as of 2001) — worth stating plainly in your offer so payment-date expectations are clear across time zones and banking systems.

How do Germany's registration rules affect you as a landlord?

This is the part expats most need help with, and where your cooperation is legally required. A person taking up a dwelling must register (Anmeldung) with the local authority within two weeks of moving in (BMG § 17 (1), as of 2015). They cannot do this without you: as the dwelling provider you are obliged to issue a move-in confirmation (Wohnungsgeberbestätigung), and you must do so within the same two-week window (BMG § 19 (1), as of 2015).

Treat that confirmation as a serious document. Issuing one for a move-in that does not actually take place — a sham registration (Scheinanmeldung) — is an administrative offence (BMG § 54 (2) no. 3, as of 2015), and offering or providing a sham dwelling can draw a fine of up to 50,000 euros (BMG § 54 (3), as of 2015). Only ever confirm a genuine tenancy for someone who is really moving in.

Should you offer a fixed-term or temporary lease to a relocating professional?

Many expats arrive on a defined assignment, so a shorter arrangement can suit both sides — but understand what you are choosing. An ordinary open-ended lease carries strong tenant protection. A lease of residential space genuinely for temporary use is exempt from the protection provisions that govern indefinite residential tenancies (BGB § 549 (2) no. 1, as of 2001), but this is narrow and depends on a real temporary purpose, not on merely labelling the contract that way.

If you let on an ordinary lease, remember the notice framework. A tenant can give ordinary notice of three months, reaching you by the third working day of a month (BGB § 573c (1) sentence 1, as of 2001). Your own notice period is longer the more settled the tenant becomes: it extends to six months after more than five years of occupancy and to nine months after more than eight years (BGB § 573c (1) sentence 2, as of 2001). Any termination must be in written form and personally signed (BGB § 568 (1), as of 2001). Factor these timelines into how you screen: a longer-term applicant is a longer-term commitment for you too.

How do you screen fairly and avoid discrimination?

Fairness and good data hygiene reinforce each other. Collect information in proportion to the stage you have reached: minimal detail from everyone who views the flat, more from serious candidates once you make an offer, and full identity and payment data only from the person who signs. This staged approach reflects the data-minimisation principle at the heart of the GDPR and means you are not sitting on sensitive documents from applicants you never chose.

Apply the same criteria to everyone, write down the objective reasons for your decision (income, references, timing), and delete the files of unsuccessful applicants once you no longer need them. A consistent, documented process is your best protection if a rejected applicant ever questions your choice — and it happens to be the process that treats newcomers to Germany with the respect that keeps good tenants.

Conclusion

Screening expat tenants well is not about extra hurdles; it is about asking the right questions of everyone, trusting substance over an incomplete paper trail, and honouring the duties German law places on you — from the deposit cap to the registration confirmation. Build a consistent, minimal, well-documented process and you protect yourself against both bad tenancies and discrimination complaints, while making Germany feel welcoming to the professionals you most want to keep. This article is general information, not legal advice; for a specific situation, consult a qualified lawyer or your local tenancy association.