What questions am I allowed to ask tenants?

The green zone: These questions for tenants are necessary

conclude a contract , you need to know who your contractual partner is and whether they can pay. Asking such questions of tenants is not only permitted, but essential for your risk assessment.

1. Identity and Contact

Basic information such as name, first name, current address, date of birth, and marital status (married, single) is standard. These questions for tenants serve for unambiguous identification. Asking about the number of people who intend to move in (including children) is also permissible to prevent overcrowding of the apartment .

2. Financial solvency

That's the most critical point. You want to make sure the rent gets paid.

• Income: You may ask which income bracket the applicant falls into (e.g., in increments of 10,000 Swiss francs). Asking for the exact salary down to the cent is often intrusive, but is frequently asked in practice. It is permissible to ask whether the income is proportionate to the rent (affordability rule: rent should be no more than 1/3 of income).
• Debt Enforcement Register: Requesting a current extract from the debt enforcement register is one of the most important questions tenants are asked . It is perfectly legal and standard practice in the industry.
• Employer: You are allowed to ask who the employer is and how long the employment relationship has existed in order to assess the stability of the income.

3. Use of the rented property

This is about how the apartment is used.

• Pets: It's permissible to ask tenants about pets. You're allowed to know if a dog or cat is moving in, as this can affect wear and tear or disrupt the peace of the building. Small pets (hamsters, ornamental fish) often don't need to be declared, but larger animals must be reported.
• Musical instruments: You are allowed to ask if and which instruments are being played. A drum set or a trumpet in an old apartment building with thin walls is relevant information for the other residents.

The red zone: These questions for tenants are taboo.

This is where your right to information ends and the protection of your privacy begins. If you ask tenants inappropriate questions , they are allowed to lie to you without you being able to evict them later.

1. Privacy and lifestyle

Anything that has no direct impact on the tenancy is none of your business.

• Religion and politics:Asking tenants about their religious affiliation, political party membership, or club affiliation is strictly prohibited. Whether your tenant attends church on Sundays or not does not affect their ability to pay rent.
• Nationality: The question of nationality is sensitive. Asking about residency status (permit B, C, etc.) is permissible, as this relates to the applicant's long-term ability to enter into a contract. However, asking about ethnic origin or place of origin is discriminatory and not a legitimate question to ask prospective tenants .

2. Health and Intimacy

Illnesses are a private matter.

• Health status: You may not ask tenants questions regarding chronic illnesses or disabilities unless the apartment was specifically built for that purpose (e.g., a retirement home).
• Smoking: You are allowed to ask if smoking is permitted in the apartment. However, a general smoking ban in the apartment is legally difficult to enforce, as smoking is often considered a personal right. The question is more likely intended to help assess the renovation needs upon moving out.

3. Family planning

The classic among forbidden questions to tenants : "Are you pregnant?" or "Are you planning to have children?".

This question is completely inadmissible. Family planning is a private matter. If a tenant answers "no" to this question, even though she is three months pregnant, you cannot later contest the contract on that basis. The right to lie in self-defense applies.

The gray area: References and hobbies

Application forms often include questions for tenants regarding references.

• References: You are allowed to ask for references (e.g., previous landlords or employers). Important: You may only contact these people if the applicant has explicitly consented. Simply calling the boss without the tenant's knowledge is a data protection violation .
• Hobbies:Asking tenants about their hobbies is generally inadmissible, unless they involve noise (see musical instruments). Whether someone collects stamps or goes skydiving is irrelevant to the tenancy.

Consequences of asking tenants the wrong questions

Why is it so important to keep the list of questions for tenants clean?

tenants permissible questions (e.g., about income or pets) and the tenant lies, this constitutes a breach of contract. You may be able to terminate the lease without notice or contest it on the grounds of deception.

tenants inappropriate questions (e.g., about pregnancy), the tenant's lie is legally valid. You have no recourse against them, even if you later learn the truth. Therefore, asking tenants professional questions protects you from being lied to.

What is the best way to ask tenants questions?

It's all in the delivery.

Use a standardized registration form (e.g., from the HEV homeowners' association). These forms generally contain only legally reviewed questions for tenants .

Avoid verbal "interrogations" during the viewing. Written questions for tenants provide security and documentation for both parties.

Explain to prospective tenants why you ask certain questions . Transparency builds trust. "We ask about pets because there are already two large dogs living in the house and we want to avoid conflicts" sounds better than simply ticking a box .

Conclusion

Selecting tenants is a matter of trust, but verification is better. Asking the right questions of potential tenants is your most important tool for minimizing risk. Focus strictly on their financial capacity (creditworthiness) and the contractual use of the property (number of occupants, pets).

Resist the temptation to want to completely scrutinize the person behind the tenant. Private details, religion, or family planning are off-limits. Respect these boundaries, and you'll not only act legally but also appear professional. Asking fair questions of tenants attracts fair tenants.

If you are unsure whether your current registration form complies with data protection regulations or which questions to tenants would still be permissible in your specific case (e.g., for an accessory dwelling unit), Loft offers up-to-date templates and advice to safeguard your rental process.

Glossary

• Right of self-defense through lying: The right of an applicant to deliberately give false answers to impermissible questions to tenants (e.g., about pregnancy) without having to fear legal consequences.
• Debt enforcement register extract: An official document that shows a person's debt history. Requesting this is one of the most important permissible questions to ask tenants .
• Data Protection Act (DSG): This law regulates which personal data may be collected. It limits the landlord's curiosity when asking tenants questions to what is necessary for the contract.
• Joint and several liability: Relevant for shared apartments or married couples. In these cases, it's important to ask tenants questions to clarify who signs the contract and is therefore fully liable for the rent.
• Proportionality : The legal principle that questions to tenants may only intrude on their privacy to the extent absolutely necessary for the purpose of the contract.