Rogue Tenants: Spotting Warning Signs Before the Lease Is Signed
EverReal Editorial Team. The same letting technology chosen by 450+ real estate companies. Last updated: October 2026.
Problem: If a tenant doesn't pay, rent arrears accumulate, the apartment is blocked, and eviction takes time. Cause: Screening is rushed or skipped because the apartment needs to be re-let quickly. Thesis: Four checks, each at its legally permitted stage and all before signing the lease, require little effort and reduce the risk before it arises.
"Mietnomaden" (serial non-paying tenants) are considered tenants who move in from the start with no intention of paying. There are no reliable indicators in advance. What remains are four permissible checks, each conducted at the right time: identity at the viewing; income and eviction orders after a declared intention to rent; prior tenancy, proof of income, and credit reports after the selection decision. Handling eviction retroactively is lengthy and expensive.
What are serial non-paying tenants, and why does it become so expensive afterwards?
"Mietnomade" is not a legal term. Legally, it is a normal tenancy in which rent is not being paid. There is no separate legal procedure for this, only individual instruments such as an order for security (Sicherungsanordnung). Getting the apartment back requires that the tenancy has ended (only then does the obligation to return the property under Section 546 of the German Civil Code [BGB] exist) and that you have an eviction order enforced by a bailiff. Taking matters into your own hands—such as changing the locks—constitutes unlawful self-help (verbotene Eigenmacht) under Section 858 BGB. You should also refrain from shutting off electricity, water, or heating: courts do not rule uniformly on whether this constitutes unlawful self-help in residential tenancies, and the risk lies with you.
Until the property is recovered, unpaid rent accumulates, along with legal costs, an advance on enforcement fees, and repair costs in the event of damage. How long this takes depends on the court and the individual case. Screening before signing costs you time; every month without rent costs you money. Where screening fits into the overall process is outlined in Renting out an apartment: the complete process.
Screening tenants: four checks, each at its permitted stage
Which information you may collect and when is set out in the guidance from the Data Protection Conference (DSK) titled "Collection of Self-Disclosures from Prospective Tenants" (Version 2.0, as of January 2026), including a sample questionnaire. The guidance distinguishes up to three points in time (A to C), which we refer to here as stages: Stage A is the viewing appointment, Stage B is the declaration of intent to rent this specific apartment, and Stage C is your decision in favor of a specific candidate. The legal basis for the viewing appointment is regularly Art. 6(1)(f) GDPR, and from the declaration of intent onward, Art. 6(1)(b) GDPR applies due to pre-contractual legal relations. These lists are expressly non-exhaustive; the sample questionnaire requires you to evaluate what is necessary for your specific apartment.
Check | When it is permitted | What you may specifically collect |
|---|---|---|
1. Identity | Stage A, at the viewing appointment | First and last name, and one contact detail (address, telephone number, or email); for social housing, additionally information on the certificate of eligibility for social housing (Wohnberechtigungsschein). If prospective tenants view the apartment alone (according to the wording of the guidance), you may inspect the ID card and document that the check was performed. According to the guidance, an ID copy is not necessary at the viewing and is therefore impermissible. |
2. Income and eviction orders due to rent arrears | Stage B, as soon as someone declares an intent to rent this specific apartment | Profession and employer, not the duration of employment. Net income amount or, alternatively, confirmation of an income threshold, along with the amount available for rent after ongoing financial obligations, but not the specific reasons for those obligations. Income questions are omitted if a public authority covers the rent entirely and pays you directly. Open, unfinalized consumer bankruptcy proceedings. An eviction order due to rent arrears, provided it is recent (the sample questionnaire asks about the past five years). In addition, the number of moving-in persons, split by children and adults (further details about them only if they become contracting parties themselves), and the intended keeping of pets requiring approval (small animals in closed cages/enclosures are excluded) |
3. Prior tenancy and rent arrears | Stage C, only after deciding on a specific applicant | Only material breaches of duty that justify termination, provided the termination is legally binding or the breach is undisputed. For payment arrears, the threshold of Section 543 BGB applies: default on rent or a substantial portion thereof (under Section 569 BGB for residential space intended for more than temporary use, more than one month's rent) for two consecutive payment dates, or over more than two dates with an amount reaching two months' rent. Give the person an opportunity to explain why this is not expected to happen again. Contact details of former or current landlords are impermissible |
4. Proof of income and credit report | also Stage C, immediately prior to concluding the contract | Proof of income (pay slip, bank statement, or tax assessment notice), copies with non-essential information redacted. Prospective tenants may request a credit report from the credit bureau themselves and present it to you, containing only the necessary details. You may not demand a full data subject access report under Art. 15 GDPR. Performing your own query with a credit agency is only permissible if the legal requirements are met and you do not already possess sufficient credit information |
According to the guidance, impermissible even after an expressed intention to rent are questions regarding:
the duration of employment and the reasons for monthly liabilities such as child support or loans
pending criminal investigation proceedings, marriage plans, pregnancy, and the desire to have children
membership in a political party or tenants' association
citizenship / nationality
Likewise, general inquiries into religion and ethnic origin are prohibited. Criminal records are generally not considered necessary, and regarding marital status, there is no legitimate interest merely for the purpose of joint and several liability. A consent checkbox does not help: the guidance does not consider consent declarations in self-disclosure forms to be an appropriate mechanism; if contract conclusion is made dependent on providing certain data, voluntary consent cannot be established.
The same sequence applies to your own form: each question belongs in its respective stage. How you subsequently select based on clear criteria and send polite rejections is covered in Selecting and rejecting prospective tenants. The methodology behind this is explained in the article on Credit checks during tenant selection (counted there as Stages 1 to 3). What a SCHUFA report is and how tenants can order it is described in Requesting a SCHUFA self-assessment online. What you may require from it is shown in the table above.
How do you spot serial non-paying tenants? Red flags in the process
A person's appearance or personal attributes are not an indicator of payment default. Furthermore, Section 19 of the General Equal Treatment Act (AGG) imposes strict boundaries on tenant selection depending on the characteristic and the size of the landlord's portfolio.
What can be observed is the process. These are observations from our editorial team, not scientifically proven traits of serial non-payers:
Information provided in Stage B contradicts the evidence in Stage C, such as a different employer than originally stated.
Proof that is promised after the selection decision is made, but then fails to arrive.
Pressure to sign before complete documents are submitted or to take over the apartment prior to contract signing.
A missing rent payment confirmation (Mietschuldenfreiheitsbescheinigung) is not a red flag. According to the Federal Court of Justice (BGH, 30.09.2009, VIII ZR 238/08), a previous landlord is not obligated to issue a tenant a rent payment confirmation upon termination of the tenancy beyond a basic receipt. The Data Protection Conference concludes from this that you cannot demand one from applicants either (Guidance, Section C.1). The Data Protection Conference also considers contact details of previous landlords impermissible. The absence of both, therefore, says nothing about the applicant.
Check identity at the appointment, without making copies
If prospective tenants view the apartment alone, you may ask to inspect their identity card and note down that you have verified the details. The guidance does not comment on group viewings. Do not copy the identity document at the appointment, not even with a smartphone camera: according to the guidance, an ID copy is not necessary at the viewing and therefore impermissible. In the case of social housing, details on the certificate of eligibility for social housing are also gathered.
Ask income-related questions only after the applicant says "yes"
The trigger for Stage B is the declaration of intent to rent this specific apartment, even if made directly during the viewing appointment. Prior to this declaration, information regarding financial circumstances is generally not necessary according to the guidance.
With EverReal Go!: applicant data collected and comparable
If multiple applicants respond, information is otherwise scattered across various inboxes. In EverReal Go!, applicant data is collected digitally and organized comparably in one central location. You carry out the four checks yourself, each at its legally permissible stage.
Only request proof from the selected candidate
Supporting documents, prior tenancy records, and credit reports belong in Stage C—meaning after you have made your decision and immediately before signing the contract. You do not need these documents from the other applicants.
Clarify the deposit and rent default insurance before handover
The security deposit may not exceed three months' net rent (excluding operating cost prepayments or lump sums), and the tenant is entitled to pay it in three equal monthly installments (Section 551 BGB). How to manage this is covered in our dedicated article on deposit accounts; for the guarantee option, see our article on Rent deposit insurance. Rent default insurance can be assessed across four criteria: whether and up to what limit it reimburses lost rent, whether it covers legal enforcement costs, whether property damage is included, and which deductibles and waiting periods apply. Read the policy terms before purchasing and verify what tenant credit checks are required. Such insurance cushions losses within its terms; it does not replace the four screening checks.
If payments stop despite checks: act early and in writing
Send written warning notices and record the arrears for each month with dates and amounts. Sections 543 and 569 BGB govern the threshold at which immediate termination without notice (fristlose Kündigung) can be considered. If the tenant settles the arrears within two months after the eviction action has become pending in court (Rechtshängigkeit), the termination without notice generally becomes invalid pursuant to Section 569 BGB. Grounds, written form requirements, and notice periods for ordinary terminations are explained in Terminating a tenancy agreement: what landlords need to know; termination without notice for payment default should be assessed on a case-by-case basis by a specialized tenancy lawyer.
Summary
There are no definite advance indicators, and a gut feeling during a viewing is no substitute for systematic checks. What remains is the sequence of the four checks, from identity verification at the viewing to documentation verification after making your choice. Contradictions in submitted records are the cue to examine the situation more closely.
Anyone who advances screening stages prematurely collects data that is not yet legally necessary under data protection guidance.
EverReal Go! is your digital letting assistant.
Legal note: We do not provide legal advice. For specific legal inquiries, consult a specialist lawyer in tenancy and residential property law or your local property owners' association, such as Haus & Grund.
Legal status: October 2026, based on the guidance of the Data Protection Conference (Version 2.0, as of January 2026) and the statutory provisions referenced below.
Sources
Conference of the Independent Federal and State Data Protection Supervisory Authorities (DSK), Guidance "Collection of Self-Disclosures from Prospective Tenants", Version 2.0, as of January 2026, including Appendix: Sample Questionnaire (as of January 2026)
BGH, Judgment of 30.09.2009, Case No. VIII ZR 238/08 (Landlord is not obligated upon termination of tenancy to issue a tenant a rent payment confirmation beyond a receipt), full judgment text (PDF)
BGB, gesetze-im-internet.de, accessed 08.10.2026: Section 543, Section 546, Section 551, Section 569, Section 858
ZPO, gesetze-im-internet.de, accessed 08.10.2026: Section 283a, Section 940a
General Equal Treatment Act (AGG), gesetze-im-internet.de, accessed 08.10.2026: Section 19 AGG
General Data Protection Regulation (GDPR) Art. 6 and Art. 15, cited according to the guidance
450+ real estate companies: EverReal internal data, as of September 2026
Frequently Asked Questions
How do I recognize serial non-paying tenants?
Not by any single personal trait. Definite signs do not exist in advance, and external appearances are not a reliable indicator. What you can observe is the process. These are observations from our editorial team, not definitive traits: statements that contradict subsequently submitted proofs, documents that are promised after the selection decision but never arrive, and pressure to sign before records are complete. The risk is minimized by the four permissible checks carried out at their proper stages: identity at the viewing appointment, income and eviction orders due to rent arrears after declaring an intent to rent, prior tenancy details, and income proofs/credit reports only after deciding on a specific applicant.
What should I do if the tenant doesn't pay?
First, issue a written warning and document the arrears with the date and amount for each month. In the event of rent default (or default on a substantial portion) for two consecutive payment dates, or over more than two dates with an amount reaching two months' rent (Section 543 BGB), termination without notice can be considered. Note Section 569 BGB: if the tenant settles the arrears within two months after the eviction action has become pending in court, the termination without notice generally becomes invalid. Anyone looking to regain possession of the apartment requires an eviction order and a bailiff. Changing the locks constitutes unlawful self-help under Section 858 BGB, and shutting off electricity, water, or heating also carries significant legal risks, as courts view this inconsistently in residential tenancies. A specialist tenancy lawyer can clarify the next steps in individual cases.
How long does it take to evict serial non-paying tenants?
This cannot be generalized; it depends on the court and the specific circumstances. The process follows distinct stages: termination (possible without prior warning in the case of default under Section 543 BGB), eviction lawsuit, eviction order, and enforcement by the bailiff. Two legal instruments help limit the damage: upon the landlord's application under Section 283a ZPO, the court may order the tenant to provide security for the rent accruing during an eviction action combined with a payment claim, provided the payment claim has a high likelihood of success and the order avoids particular hardship for the landlord. If the tenant fails to comply with the order, the court may order eviction via an expedited procedure under Section 940a ZPO. The same provision permits eviction against a third party in possession of the apartment under certain conditions. Throughout this entire period, rent arrears accumulate and the apartment cannot be re-let, which is why upfront screening before signing is well worth the effort.
What does rent default insurance cover?
Rent default insurance reimburses the landlord for unpaid rent within the scope of its policy terms. Specific conditions depend on the respective provider. Four aspects should be checked: whether and up to what amount lost rent is reimbursed, whether legal costs are included, whether property damage to the apartment is covered, and what deductibles and waiting periods apply. Review the conditions beforehand to see what proof of tenant creditworthiness is required. The insurance does not replace the four screening checks prior to signing.
Am I allowed to require a rent payment confirmation (Mietschuldenfreiheitsbescheinigung)?
According to the guidance of the Data Protection Conference, no. The Federal Court of Justice ruled on 30.09.2009 (VIII ZR 238/08) that a previous landlord is not obligated to provide a tenant with a rent payment confirmation beyond a simple payment receipt upon termination of the tenancy. The Data Protection Conference concludes that you cannot demand such a certificate from prospective tenants either. It also classifies requesting contact details of previous landlords as impermissible. The absence of such a certificate therefore indicates nothing about the applicant. Instead, it is permissible to ask about recent eviction orders due to rent arrears once the intention to rent this specific apartment has been declared.
EverReal Editorial Team