Third and final part of our dossier on renting out a property.
In this last part, Claudia Thirion gives us her recommendations about the selection of the tenant and in particular the rules to respect when choosing the candidates.

Documents to be requested from the prospective tenant

When renting, there are three types of proof to be requested by the landlord:

• copy of a valid identity document 
• certificate of residence for the last domicile 
• copy of employment contract and last salary slip

Read more: Renting: the documents to be presented

Prohibition of discrimination 

The Equal Treatment Act (1)  prohibits in particular any direct or indirect discrimination and determines the criteria of discrimination prohibited in Luxembourg.

There are direct discrimination where one person is treated less favourably than another in a comparable situation because of racial or ethnic origin, religion or belief, disability, age or sexual orientation (2).

Example The refusal of a landlord to rent his property to a person of foreign origin.

There are indirect discrimination where an apparently neutral provision, criterion or practice is likely to adversely affect persons on grounds of racial or ethnic origin, religion or belief, disability, age, gender or sexual orientation, unless the practice in question can be objectively justified by a legitimate aim.

Example refusing to rent a property on the grounds that pets are not allowed: visually impaired people may be discriminated against by this refusal.

Discrimination is currently punishable by fines and/or imprisonment.

6 criteria for tenant selection are therefore prohibited:

1. religion or belief
2. disability
3. age
4. sexual orientation
5. the ethnic/racial origin of a person
6. gender.

In order to be able to select candidates objectively, it is important to clarify certain selection criteria in writing, together with a precise description of the property.

It will therefore be necessary to specify :

• the characteristics of the dwelling, i.e. number of rooms, size, equipment, etc. 
• the state of the dwelling: its accessibility, the work to be done 
• the list of documents to be requested from applicants and possibly the financial resources needed to rent the property.

Estate agents, by respecting the discriminatory criteria of some landlords, could be punished. They are therefore advised to encourage landlords not to rely on prejudices in selecting their tenants, while reminding them of the above-mentioned legal framework.

Attorney Claudia Thirion
Lawyer at the Court
claudia.thirion@barreau.lu

(1) The "Equal Treatment" Act of 28 November 2006 and the "Equal Treatment between Women and Men in the Access to and Supply of Goods and Services" Act of 21 December 2007

(2) Caritas Luxembourg: "Renting without discrimination" - A practical guide for real estate professionals