Self-disclosure form of the tenant before signing the rental agreement
Self-disclosure - what's that?
The vast majority of private landlords as well as many commercial landlords have made it a habit to ask for a so-called "self-disclosure form" by the tenant before signing a lease. As part of the self-reporting of tenants they will be asked by the landlord to answer certain questions about his personal, family and economic situation. The answer is given in writing usually by using a pre-made questionnaire.
Reasons for Self-Assessment
The landlord has to know a legitimate interest, with whom he will have to do it as a future contractor. In this way he can best prevent to rent the property to insolvent tenants.
Do you have to give as tenant a self-assessment?
There is no statutory right of the landlord, by means of which as part of a self-assessment may require the tenant to answer the questions. In this respect, a prospective tenant is generally not required to provide the requested information. In practice, tenants have regularly no prospect of signing a lease, if the answers to the questions of self-disclosure is denied, because the owner is free to choose freely as part of the contractual autonomy its tenants.
What questions of self-disclosure must answer the tenant?
The right to ask questions to the tenant is subject to legally specified limits. Thus, the tenant may in his right to informational self-determination in accordance with German law are not violated. And the landlord is generally only entitled to ask questions concerning the lease.
Please send us the completed and signed questionnaire incl. a copy of your identity card by email or fax.
Risk of false or untrue statements
The tenant is required by German law to provide only truthful information to the landlord. If the lessee is granted a false statement when submitting the self-assessment with regard to permissible matters, the landlord has the opportunity to take action against the (further) existence of the rental agreement, provided that the relevant question is essential for the tenancy. This means that the lease from the time the contract started would be null and void. As consequence the termination of the lease by an extraordinary termination clause without notice is possible.