GDPR also affects private landlords

The new EU General Data Protection Regulation (GDPR) remains a mystery to many. Since May 25, 2018, the new regulation has also been binding in tenancy agreements. Tenant self-disclosure forms are a minefield for both housing companies and private landlords. Lax handling can result in high costs, as fines for violations have been drastically increased.

A prospective tenant's self-disclosure allows landlords to check their creditworthiness and thus their reliability. This is sensible and still legitimate. However, excessive curiosity can be particularly costly for commercial landlords. According to EU regulations, violations can result in fines of up to €20 million or up to four percent of total turnover – for subsidiaries, this is the parent company's turnover. However, a recommendation suggests that unintentional errors or first-time offenses should be treated leniently.

This also applies to private landlords who violate data protection regulations.

“A warning should suffice, at least initially,” says Alexander Filip, head of department at the Bavarian State Office for Data Protection Supervision. However, if the private landlord continues to ask inadmissible questions in the self-disclosure form, he faces a relatively modest fine of between 50 and 100 euros, the data protection officer estimates.

"Do you have a migration background?"

 But what constitutes an impermissible question? Broadly speaking, this includes all information requested that is not directly related to the tenancy and concerns the prospective tenant's privacy. This includes questions about marital status, the applicant's worldview or religious beliefs, their health, or their sexual orientation. Furthermore, it includes questions about the prospective tenant's ethnicity, as well as questions about party or club memberships, or even about criminal records and ongoing criminal investigations.

As long as the prospective tenant adheres to the terms of the lease, it doesn't matter whether they smoke or play a musical instrument. However, if the applicant answers these questions to improve their chances of securing the apartment, they are not obligated to tell the truth.

A punk rocker can present himself as a friend of folk music, nor does he have to disclose to his landlord that he breeds white mice as a hobby. After all, he is allowed to keep small animals even without the landlord's permission.

 Landlords are permitted to ask prospective tenants about their income. General questions about occupation and current employer are also allowed, but not questions about the length of employment. If a prospective tenant lies about questions relevant to the tenancy, such as their financial situation, the landlord may terminate the lease without notice. According to a ruling by the Munich Regional Court, this applies even if the tenant pays the rent on time (Case No. 14 S 18532/08).

 What questions is the landlord allowed to ask, and when?

Timing is also important: Before and during the viewing appointment, general information such as the prospective tenant's name, first name, and address should suffice. The landlord is also allowed to ask whether the prospective tenant intends to keep pets.

If a prospective tenant announces their intention to rent an apartment after viewing it, the landlord is permitted to ask about the number of people who will be moving in, as well as their occupation, employer, and income. Questions regarding any consumer insolvency proceedings against the tenant or an eviction order due to rent arrears are also now allowed.

Before signing the contract, the landlord may request proof of income. To later pay out any credits from utility bills, the landlord will naturally also need bank or account details.

 Sources: www.datenschutz.org, www.haufe.de, ratgeber.immowelt.de