When you look for a flat as a student in Germany, you have clear rights against landlords and agents, and some duties of your own. Landlords may not ask for any data they like, agents generally may not charge you a commission, and the deposit is capped by law. This guide sets out what is permitted at each stage of an application and what you have to contribute yourself.
In short: According to the guidance of the German Data Protection Conference (version 1.0 of 24 January 2024; a revised version 2.0 has existed since March 2026), landlords may collect only the data needed at the respective stage. A copy of your ID card is not permitted. Under section 2(1a) of the Housing Brokerage Act (WoVermRG) you generally do not pay agent commission, and under section 551 BGB the deposit is capped at three months’ rent. Last updated: November 2026.
The key points
- The scope of questions grows with the stage: a viewing needs only a few details, and proof of income is usual only shortly before the contract.
- A landlord may not demand a copy of your ID. Blanket questions on religion, origin or nationality are not permitted.
- A credit check by the landlord needs a legal basis. You may, however, obtain a credit report yourself and present it.
- Agents generally may not charge flat seekers a fee (the “orderer principle”, Bestellerprinzip).
- The rental deposit is capped at three times the monthly rent excluding flat-rate running costs.
What may a landlord ask for at which stage?
The Data Protection Conference (DSK), in which the supervisory authorities of the federal government and the states cooperate, has published guidance describing which personal data landlords may collect in the three phases of a letting. The guidance is not a statute, but it shows how the authorities interpret the General Data Protection Regulation. The table reflects version 1.0 of 24 January 2024. On 31 March 2026 the Saxony-Anhalt data protection commissioner announced that the guidance was revised after a consultation of housing industry associations and that version 2.0 is available in its information package for the housing sector. The press release also describes ID copies as not permitted. Individual entries in the table may have changed in version 2.0, so check the current version with the supervisory authority of your federal state.
| Phase | Permitted | Not permitted |
|---|---|---|
| Viewing | Surname, first name, address, identity check by showing the ID | ID copy; income, credit report and employer are generally not yet needed |
| Interest in renting | Number of people in the household, occupation and employer, net income or the amount left after rent, ongoing consumer insolvency proceedings, eviction orders for rent arrears in the last five years | Blanket questions on religion, origin, nationality, criminal record, pregnancy, plans to marry or have children, party or tenants’ association membership, reasons for existing financial burdens |
| Shortlist and contract | Proof of income immediately before signing, a credit report you present yourself, payment defaults in a previous tenancy only to a limited extent | Contact with former landlords, a certificate of no rent arrears, a data subject access request under Art. 15 GDPR, consent clauses in the form |
Source for the table: DSK guidance on collecting self-disclosures from prospective tenants, version 1.0 of 24 January 2024 (in German).
Questions on pets are only partly permitted, namely if keeping the animal needs the landlord’s consent. Details on further future occupants are needed only to a limited extent. Which answers are still customary in your case is shown in Darf der Vermieter das? Die häufigsten Fragen von Studierenden (in German).
Do I have to present a credit report (Schufa)?
According to the guidance, a landlord may himself query a credit report only if there is a legal basis. That falls away if sufficient proof is available. Applicants, by contrast, may obtain a credit report themselves and present it. A data subject access request under Art. 15 of the General Data Protection Regulation may not be demanded.
In practice, if you have no Schufa report yet, for example because you are new to the country, you can offer other proof. Alternatives are covered in Wohnung ohne Schufa für internationale Studierende (in German).
May an agent charge a commission?
Under section 2(1a) WoVermRG, agents may not demand, accept a promise of or receive payment from the person seeking a flat. An exception applies only if the agent obtains the landlord’s mandate to make an offer solely because of the contract with the seeker. The brokerage contract has to be concluded in text form.
Agreements that deviate from this, or that oblige you to pay a commission owed by the landlord or a third party, are void. You can reclaim amounts already paid under section 5(1) WoVermRG. Agents who breach the ban risk a fine of up to 25,000 euros (section 8(2) WoVermRG). A fee for a viewing is therefore a clear warning sign, see Wohnungsbetrug erkennen: Warnsignale bei Fake-Wohnungsanzeigen (in German).
How high can the deposit be, and how do you pay it?
Section 551 BGB caps the security at three times the monthly rent, excluding running costs paid as a flat rate or advance payment. You may pay in three equal monthly instalments, the first due at the start of the tenancy. The landlord must keep the deposit separate from his own assets, and the returns belong to you.
Assumption for the example: the net rent is 400 euros. The deposit may then be at most 1,200 euros, payable in three instalments of 400 euros. More on amount, instalments and investment in Mietkaution als Student: Höhe, Raten und Anlage (in German).
What duties do you have as an applicant and tenant?
- Answer permitted questions fully and truthfully. You do not have to answer impermissible questions.
- Submit proof of income only shortly before signing, and black out details the landlord does not need, such as transactions unrelated to rent.
- Pay the deposit in the agreed amount and on the agreed dates. The landlord may not demand more than three times the monthly rent excluding flat-rate running costs.
- Read the whole tenancy agreement before you sign. See Mietvertrag verstehen (in German) for help.
- Keep viewing appointments or cancel them in good time.
What happens to your data after a rejection?
According to the guidance, data has to be deleted as soon as it is no longer needed. Because of possible claims under the General Equal Treatment Act, deletion usually takes place after six months at the latest. Agents and property managers must delete the data at the latest once the flat has been let to someone else. Contact details may be used to notify you of vacancies only with your consent. Blacklists and data matching are generally not permitted.
Frequently asked questions
May a landlord demand a copy of my ID card?
No. According to the DSK guidance, making an ID copy is not necessary and therefore not permitted. You can show the ID at the viewing for an identity check.
Do I have to state my nationality?
A blanket request for origin, religion and nationality is not permitted, and nationality is not necessary for a letting. This applies to international students as well.
May a landlord demand a certificate of no rent arrears?
According to the guidance, no, because former landlords are not obliged to issue one. This refers to case law of the Federal Court of Justice.
Is the guidance binding?
It is an interpretation aid of the supervisory authorities, not a statute. It does show how the authorities assess breaches of the General Data Protection Regulation. For complaints, the supervisory authority of your state is responsible.
What to do next
- Prepare an application folder: cover letter, proof of income or funding and, if you wish, a credit report you obtained yourself.
- Give only the necessary data at viewings and only show your ID.
- Politely decline impermissible questions and ID copies.
- Do not pay commission or a viewing fee to agents.
- Have the contract checked before signing if anything is unclear. For questions on insurance and finances during your studies, personal advice is available from Academycon: So arbeiten wir (in German).
Related reading
- Wohnen im Studium: Miete, WG, Wohnheim und Wohngeld im Überblick (in German)
- Affordable student housing: strategy, portals and costs
- Darf der Vermieter das? Die häufigsten Fragen von Studierenden (in German)
- Wohnung ohne Schufa für internationale Studierende: Was möglich ist (in German)
- How to Find a Shared Flat: Tips for a Successful Search
Sources: Data Protection Conference: Guidance on self-disclosures from prospective tenants, version 1.0, 24 January 2024 (in German); Saxony-Anhalt data protection commissioner: press release 3/2026 on version 2.0 of the guidance, 31 March 2026 (in German); Housing Brokerage Act (WoVermRG), sections 2, 5, 8, retrieved November 2026 (in German); Section 551 BGB, Limits and investment of rental deposits, retrieved November 2026 (in German)
Last updated: November 2026. This guide is general information, not individual advice.
