Credit check for apartment hunting: It doesn’t work without Schufa – or does it?

Many apartment seekers mistakenly believe that they need the Schufa information for the viewing appointment. They willingly pay for the certificate long before the contract is signed. The legal situation is clear.

Germany’s largest housing portal leaves no doubt in its advertising video: According to the embassy, ​​nothing works without Schufa information. “If you are interested in a house or an apartment, you should submit this document as early as possible in the application process. Preferably at or before the viewing appointment,” says a video by ImmoScout24. And conveniently, it is also available on the portal’s website – for just under 30 euros. “Because a positive Schufa report signals financial security and trustworthiness,” continues ImmoScout24.

Schufa may only come into play when the contract is concluded

Hamburg resident Viktoria-Luise Könecke has been looking for an apartment for three months. She just watched one again. “That was right here in house number 13. An apartment facing the inner courtyard and two rooms. With a tiny bathroom, relatively dark. A kitchen should have been built in.” A Schufa credit check to prove your solvency as a tenant? Of course you need it, she is convinced of that. “Most of them actually ask for it when they visit.”

That’s probably what many people who are looking for an apartment in Germany believe – and therefore pay once or even several times for a current Schufa credit check. What hardly anyone knows: It is simply illegal to request such information when viewing an apartment. This is only allowed when the rental agreement is already on the table, says Philipp Stroh from the Berlin data protection authority. “Only when a specific person is decided on by the landlord can information be asked about the income and whether the credit rating is sufficient to be able to afford the apartments.”

In 2018, the authorities nationwide clearly recorded this in a paper. “As data protection supervisory authorities, we are very self-confident that we are actually on the absolutely safe side with our legal views,” says data protection officer Stroh.

“People with the housing shortage”

The fact that you don’t actually need the Schufa paper right away is also on the ImmoScout24 side – but much less prominently. Not surprising when you know that the housing portal, together with the Schufa, earns a lot of money from such information. For some time now, you have even been able to subscribe to the Schufa report from ImmoScout24 from 60 euros upwards – together with exclusive access to apartment advertisements. The Hamburg Tenants’ Association sees it as “profiteering on the housing shortage.”

The Federation of German Consumer Organizations (VZBV) is now taking legal action against ImmoScout24 after being informed by the research of NDR, WDR and “Süddeutsche Zeitung” became aware of it. The accusation, among other things: It is misleading when it is claimed that you need the Schufa information to view the apartment. “That’s why we attacked the advertising statement that refers to it with a warning from Immoscout,” says consumer lawyer Heiko Dünkel. “And we now want Immoscout to undertake not to use this advertising statement in the future.”

ImmoScout24 sees itself in the right. According to the company, the only aim is to bring supply and demand together. It’s about “creating a meaningful, stable housing market” for everyone. ImmoScout business partner Schufa, however, does not feel obliged. “The advertising statements”, the Schufa reports in writing, “are the responsibility of our cooperation partners”.