Screening dossiers: thoroughly, and still lawfully
You may check whether someone can carry the rent. You may not ask everything that would be interesting to know. The line is necessity, and in practice it gets crossed routinely.
What you may ask for
- Proof of identity and, for foreign nationals, the residence permit
- Proof of income to the extent needed to establish affordability
- A debt-collection extract
- A reference from the current landlord, where the applicant consents to it
- The number of people moving in, and pets where the lease provides for it
What you may not ask
Religion, political affiliation, health data, a pregnancy or plans to have children, trade-union membership and ethnic origin are either sensitive personal data or simply not necessary to the decision. You may neither collect them nor use them in the selection, and a decision resting on them is discriminatory on top of that.
Destroy or return the papers of unsuccessful applicants as soon as the flat is let. A folder holding forty other people’s payslips is, under the revised FADP, a risk with no upside at all.
These articles set out Swiss law in general terms and are not a substitute for legal advice on an individual case. Cantonal rules differ. In a dispute, contact the rent conciliation authority or a lawyer.