The landlord has the legal right to collect only such information about the tenant as is necessary to maintain a safe and effective tenancy. However, questions often arise as to what a landlord may in practice ask a prospective tenant and where the legal boundaries lie. In this article, we provide a comprehensive guide to what questions should be asked directly related to the ability to pay rent, monitoring the condition of the property and the terms of the lease - as well as what questions should not be asked to protect privacy.

Throughout the article, we look at the rights and responsibilities of the landlord, both when selecting prospective tenants and during the tenancy. This will ensure that you act both legally and fairly, while maintaining the tenant's trust and personal data protection. Read on for practical tips and clear boundaries on what you can and cannot ask a tenant.

1. Rights and obligations of the landlord

The landlord must comply with the legislation in force, in particular the Personal Data Act and the Data Protection Regulation, when collecting and processing data relating to tenants. This means that only information that is relevant to the rental is asked for. Below are the main rights and obligations:

1.1. Legislation and data protection

• Processing of personal data: the landlord should only collect information that is necessary to manage the tenancy, such as to draw up the tenancy agreement and assess the ability to pay the rent.
• Use of data: the data collected may only be used for purposes related to the rental activity. Any other use requires the consent of the lessee.
• Storage of data: the landlord must ensure that the tenant's personal data is stored securely and destroyed as required by law when it is no longer needed.

1.2. Drawing up a rental contract and documents

• Clear contract terms: the lease should specify the amount of rent, the payment date, the amount of the security deposit and any special conditions (for example, smoking and pet restrictions).
• Documentation: all documents relating to the tenancy, such as the tenancy agreement, income and credit documents and any letters of recommendation, must be written in a clear and understandable way.
• Notification of changes: the landlord must ensure that any changes during the tenancy, such as updating the number of tenants or contact details, are properly documented.

1.3. Monitoring of payments and the condition of the dwelling

• Ability to pay the rent: the landlord has the right to ask the tenant for income information (e.g. salary certificate, pension certificate or unemployment benefit statement) and to check the credit history to verify the ability to pay the rent.
• Checking the condition of the accommodation: the landlord can agree in advance on the times of inspections during the tenancy to ensure that the accommodation is kept in good condition. The tenant can arrange for inspections to be carried out in advance, in agreement with the tenant, and according to pre-agreed schedules.
• Monitoring of payments: it is the landlord's responsibility to monitor the rent regularly and take action if necessary if the rent is late or unpaid. This will help to prevent major financial risks.

In line with these principles, the landlord acts in its own interests as well as those of its tenants, ensuring that the tenancy is built up fairly and legally. All information collected and checks carried out are directly related to the management of the tenancy and the landlord does not need to ask questions that are not related to the tenancy or the tenant's ability to pay. This ensures that the tenancy respects both the law and the tenant's privacy.

2. What can you ask a prospective tenant?

The landlord should only ask for information that is essential to the success of the tenancy. From the landlord's point of view, it is important to collect information about the prospective tenant to ensure their ability to pay, the quality of the tenancy agreement and the condition of the property. The key information that the landlord is allowed to ask the prospective tenant is set out below.

2.1. Personal data and identification

The landlord may ask the candidate tenant for basic personal data necessary for the drafting of the tenancy agreement and for the identification of the candidate. This information includes:

• Name and personal identification number:
  The personal identification number is a key identifier that allows you to identify the tenant and facilitates credit checks. Please note that for children moving into the apartment, only the birth year may be required.
• Contact details:
  A telephone number and email address are required so that the landlord can contact the candidate for lease negotiations and possible follow-up.

2.2. Income and ability to pay

The landlord must ensure that the prospective tenant has sufficient ability to pay the rent. You can ask questions about this:

• Monthly income:
  Candidates may be asked to declare their monthly income. This information gives a direct indication of whether the candidate will be able to pay the rent on time.
• Proof of income:
  The landlord may require a salary slip, pension decision or other proof of regular income. This will ensure that your ability to pay the rent is documented.
• Employment situation:
  It is acceptable to ask whether the candidate has a permanent, temporary or student job. The duration and quality of the employment relationship is important information to help assess the stability of income.

2.3. Checking your credit history

The landlord has the right to check the credit history of the prospective tenant. This is usually done using the following information:

• ID:
  The ID can be used to run a credit check, which will reveal any history of payment defaults and previous debt problems.
• Documentation of credit information:
  The landlord may request consent to check credit information before signing the rental agreement. This will help identify potential risks and ensure solvency.

2.4. Information relating to the use of the dwelling

Information on the use of the rental property helps to ensure that the candidate understands the conditions of use and is committed to respecting the terms of the rental agreement:

• Reason for moving:
  The landlord may ask why the prospective tenant is moving. This can provide further information about the candidate's situation and commitment.
• Background of place of residence:
  It is useful to ask whether the candidate has previously lived in a similar environment or area. This will help to assess how well the candidate is adapted to the environment in which he/she lives.
• Potential residents:
  If the candidate intends to live with another person, such as a spouse, basic information about that person, such as their personal identity number and income, may be requested. This will ensure that all parties living in the accommodation meet the conditions of the tenancy.

2.5. Pets and smoking

The landlord may ask for information that directly affects the condition and maintenance of the property:

• Number and type of pets:
  It is important to know if the candidate has pets, as keeping pets can affect the condition of the home and cause additional maintenance.
• Smoking habits:
  The landlord may ask whether the candidate smokes indoors. Smoking may affect the condition of the dwelling and compliance with the terms of the tenancy agreement, so the information obtained is essential.

2.6. Recommendations and previous tenancies

Previous tenancies provide further assurance of the candidate's reliability:

• References from previous landlords:
  The landlord can request contact details of previous landlords and check references. This will provide additional information on the prospective tenant's housing behaviour and ability to pay rent.
• Length of tenancy and background:
  It is useful to know how long the candidate has been renting for and whether they have a history of payment arrears. This information can be used to assess the stability of the candidate's tenancy.

This gives the landlord a comprehensive picture of the prospective tenant's ability to pay, background and use of the property. The information collected is all directly linked to the success of the tenancy and can be used to make an informed decision on whether the candidate is suitable for the tenancy. All questions are asked in a way that respects the privacy of the candidate and complies with current legislation.

3. What not to ask the tenant?

The landlord should limit his enquiries to the information necessary to manage the tenancy and ensure the ability to pay the rent. All other information relating to private life should not be asked for. The following are the types of information that the landlord may not ask a prospective tenant for.

3.1. Asking for personal details

• Religious beliefs: the candidate's religious beliefs are personal and not related to the tenancy. This information should not be asked for.
• Sexual orientation: sexual identity is a matter of privacy and should not be inquired about.
• Political opinions: the political opinions of the candidate are not related to the rental, so it is not necessary to ask them.

3.2. Relationship and family life issues

• Marital status and relationship status: although it is necessary to know who is living in the property, the landlord must not ask about the applicant's relationship status, marital status or family plans unless they have a direct bearing on the ability to pay the rent or use of the property.
• Family details: information such as the candidate's personal family plans should not be asked if it does not affect the use of the accommodation or the terms of the lease.

3.3. Criminal records

• Criminal record check: the landlord has no right to ask a prospective tenant or check his/her criminal record. This information is protected by the Criminal Records Act and may not be used as a basis for a rental decision.

3.4. Other personal information

• Educational and professional background: although employment status is relevant, excessive questioning about a candidate's education or professional details is not necessary unless it has an impact on their ability to pay the rent.
• Social media profiles: the landlord must not demand access to the social media profiles of the prospective tenant or ask for details of his/her networks.
• Hobbies and personal interests: this information has no direct bearing on the tenancy, so it is unnecessary to ask.

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4. Grey area issues

The grey area refers to issues whose acceptability is not entirely black and white, but subject to interpretation. For these questions, the landlord has to weigh up whether the issue is directly related to the management of the tenancy and the ability to pay the rent, or whether it concerns the personal life of the candidate.

4.1. Definition

Grey area issues are those for which there are no clear guidelines or legal limits. For these issues, it is important to focus on how the issues affect the candidate's ability to pay, the use of the property or the terms of the lease. If the question does not provide objectively measurable information, it may expose the landlord to discriminatory practices.

4.2. Example questions

• Relationship questions:
  For example, questions asking for details about a candidate's relationship or family plans are often in the grey area. Asking only who will be living in the home is acceptable. However, if the question asks about the quality of the relationship or family plans, the question crosses the line of what is relevant to the use of the dwelling.
• Health-related questions:
  The landlord should not inquire about the candidate's health or the reasons for his/her disability, unless they have a direct impact on the ability to pay the rent. For example, if a candidate mentions that he/she is on disability pension, questions about the reasons are in the grey area as they are not directly related to the terms of the lease.
• Private lifestyles:
  Questions about a candidate's hobbies or social networks often fall into the grey area, unless they have a concrete impact on the condition of the home or the rent. Such information is personal and there is no justification for asking it unless it has a real impact on the use of the dwelling.

4.3. How to act

When considering issues in the grey area, landlords should aim to ask questions that focus on objective and measurable factors. If a question raises ambiguities, it is advisable to omit the question or rephrase it to address only the direct management of the tenancy. This will ensure that the privacy of the candidate is respected and that the decision is based only on information relevant to the tenancy.

5. What can you ask the tenant during the tenancy?

Once a prospective tenant has become a tenant, the landlord's right to ask questions focuses on the practicalities of renting and managing the property. The landlord must ensure that the terms of the tenancy agreement are met and that the property remains in good repair throughout the tenancy. The following is a list of the most relevant questions that the landlord is allowed to ask during the tenancy.

5.1. Monitoring the condition of the dwelling

• Inspection and maintenance requests:
  The landlord can ask if there are any faults or maintenance needs in the apartment. If the tenant has noticed, for example, broken appliances or other defects, he or she should report them in good time. The landlord can also agree in advance on regular inspections to ensure that the property is kept in good condition.
• Maintenance measures:
  The tenant may be asked if they have carried out any minor maintenance or repairs to the home, and how they have looked after the general upkeep of the home. This will enable the landlord to assess whether the tenant is complying with the care instructions in the contract.

5.2. Compliance with the terms of the rental agreement

• Check the terms of the contract:
  The landlord can ask if the tenant and any tenants have respected the terms of the contract, such as the no-smoking or pet restrictions. If there are special conditions in the contract, the landlord can ask if they have been agreed and respected.
• Changes in the use of the dwelling:
  If there are changes in the tenant's use of the dwelling, for example in the number of tenants or contact details, the landlord can request updated information. Such information is important for the management of the tenancy agreement.

5.3. Issues relating to payments and guarantees

• Rent monitoring:
  The landlord can ask if the rent has been paid as agreed. If payments are late, the landlord can inquire about the reasons for the delay and discuss possible payment plans. This will prevent long arrears and minimise financial risks.
• Security deposit status:
  The rental agreement allows the landlord to check that the security deposit is still valid and that the payment methods are as agreed. If necessary, the tenant may be asked to provide proof of payment of the deposit, which will serve as an additional motivation to maintain the home.

5.4. Organisation of visits and home inspections

• Advance notifications:
  The landlord may agree with the tenant in advance on inspection times or other visits to check the condition of the accommodation. This way, the tenant knows exactly when the inspection will take place, which helps to reduce disruption and ensure mutual understanding.
• Contact and information:
  If the landlord notices any deficiencies in the accommodation or needs to check certain aspects, he can contact the tenant. The contact should be made in a proper manner and in accordance with the pre-agreed practice.

5.5. Information relating to changes in the tenancy

• Updates to tenant information:
  If the tenant moves or if there are other significant changes to the property, such as updating contact details or the number of tenants, the landlord may request this information to ensure that all information relating to the management of the tenancy is up to date.
• Questions about the length and continuation of the tenancy:
  The landlord can ask if the tenant is interested in a long-term tenancy or if there are any changes planned that might affect the continuation of the tenancy.

These questions allow the landlord to ensure that the terms of the lease are met throughout the tenancy. All questions asked will focus directly on the tenancy, its maintenance and ability to pay, and will not infringe the tenant's privacy. In this way, both parties retain their rights and the tenancy runs smoothly and safely.

6. Interview with a prospective tenant

The interview of a prospective tenant is a key part of the preparation of the tenancy. The interview can provide a more in-depth picture of the candidate's ability to pay, housing behaviour and commitment. Below are practical tips to help landlords conduct an effective and informative interview.

6.1. Principles of the telephone interview

Many landlords start the process with a telephone interview. A telephone interview allows for a quick and cost-effective first contact to establish basic candidate information before a face-to-face meeting. Important:

• Listening: let the candidate tell you about him/herself without interrupting too much. A good principle is "2 ears, 1 mouth" - focus on listening and let the candidate open up about their background.
• Clear questions: ask questions directly related to the rental, such as "What is your main reason for moving?" or "How do you make sure the rent is paid on time?" This will give you direct answers that will help you assess the suitability of the candidate.
• Making use of silence: if the candidate stops to think about his answer, allow time. Silence can encourage deeper discussion and the disclosure of more information.

6.2. The importance of face-to-face meetings

While a telephone interview is an effective first contact, a face-to-face meeting provides a better opportunity to assess the behaviour and appearance of the prospective tenant. A face-to-face meeting pays off:

• Create a relaxed atmosphere: introduce yourself openly and briefly explain the rental business. This will help the candidate to relax and build mutual trust.
• Observe non-verbal communication: Note the candidate's body language, eye contact and general attitude. These aspects can tell you a lot about how he or she feels about the tenancy.
• Adapt the interview to practical situations: for example, you can show the home and discuss its condition, which will reveal how well the candidate understands the care requirements.

6.3. Open questions and motivation of the prospective tenant

It is important to ask open questions in the interview that do not lead to simple "yes" or "no" answers. This allows the candidate to tell you more about him/herself and his/her situation. Good open questions include:

• "What motivates you to move into this particular apartment?"
• "What kind of experience do you have with previous tenancies?"
• "How do you maintain your home and what would you like your landlord to do to manage it?"

These questions will help assess the candidate's attitudes and ensure that they understand their responsibilities under the lease.

6.4. Verification of the prospective tenant's ability to pay and housing behaviour

During the interview, it is essential to ensure that the prospective tenant is able to meet their rent obligations and maintain the property. Questions to help with this include:

• "How will you arrange the rent? Do you have a steady income?"
• "Could you tell us about your previous tenancy and how long you have been renting?"
• "Do you have previous recommendations or references from previous landlords?"

In addition, the landlord may ask the candidate to provide a copy of the salary certificate or other documents to verify income. This will ensure that the candidate's financial situation is in line with the requirements of the lease.

6.5. Documentation of the interview and follow-up

A good interview should be documented. Write down the most important answers so that you can later compare the different candidates and make objective decisions. It is also useful if there are disagreements later on in the tenancy.

• Keep a record of the candidate's answers: this will help you monitor how the candidate answers key questions such as income, previous tenancies and home-ownership practices.
• Decide on the next steps: if the candidate seems promising after the phone interview, arrange a face-to-face meeting or a visit to the apartment. If there are ambiguities or discrepancies in the answers, you can ask for further clarification before making a final decision.

6.6. Practical tips for interviews

• Be polite and professional: A good landlord builds a positive and open interaction with a prospective tenant. This lays the foundation for trust and ensures a smooth start to the tenancy.
• Give the candidate the opportunity to ask questions: at the end of the interview, ask if the candidate has any questions about the lease or the condition of the apartment. This will give the candidate the opportunity to clarify his/her information and show that the landlord is willing to engage in dialogue.
• Keep the interview short and to the point: try to focus on the essentials. Long interviews can be stressful for both the landlord and the candidate, so keep the questions directly relevant.

These practical tips will help the landlord to conduct an effective and informative interview with the prospective tenant. The interview process will help ensure that the candidate is financially stable, understands the requirements of the tenancy and is able to commit to the agreed terms. Documentation and clear communication will support decision-making and help establish a relationship of trust that will allow the lease to continue smoothly.

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