You've found an interesting apartment, respond to the listing and promptly get an invitation to a viewing. Everything's going well – until the landlord suddenly says: "I'd also need a copy of your ID card." And you wonder: are they even allowed to do that? Is that normal or is it too much already?
May a landlord request a copy of your ID at first contact or at the viewing?
Clear answer: No.
At first contact or during the viewing there is no legal entitlement for landlords to request a copy of your ID card.
Why? Quite simply: data minimisation is a central principle in data protection. Under Art. 5(1)(c) GDPR, only as much data may be collected as is actually necessary.
And at first contact that isn't the case. A mere viewing does not yet establish a tenancy.
You are not legally obliged to hand over a copy of your ID at an apartment viewing, or to show it at all.
But: may landlords request a copy of your ID in general?
Yes, but only under very specific conditions. Namely, when things actually get serious – that is, when you're awarded the apartment and a tenancy agreement is to be prepared.
Why is that?
When concluding the contract, the landlord has to verify your identity – he or she must ensure that you really are the person with whom the tenancy agreement is being concluded. This follows, among other things, from the Money Laundering Act (§ 4 GwG for commercial landlords) or the prevention of rental fraud. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR.
But be careful: even in this case, the copy may only be made with certain restrictions.
Only the following data is actually relevant:
- Name
- Address
- Date of birth (where applicable, for age verification)
- Validity period (to see whether the ID is still valid)
If you make the copy yourself (which you absolutely should), you can simply redact or cover up all other sections before you scan or photograph the ID.
What you can do if the landlord still insists on a copy
So what do you do if you suddenly find yourself in this situation and someone says: "I need a copy of your ID, please" – and that without a concrete apartment offer or still during the viewing?
In big cities in particular, apartment hunting is an ordeal. Simply refusing the copy is your legal right, but it may cost you the apartment. That's why it's advisable to make a copy, but leave only the data mentioned above visible. You simply redact the rest or cover over the irrelevant parts.
Conclusion: Your data is valuable – protect it
Apartment hunting is no reason to give away your sensitive data carelessly. A landlord may not simply demand everything – least of all at the first meeting.
You don't have to please anyone – you're no less "reputable" just because you know your rights. On the contrary: it shows self-confidence.