Landlords and personal data
Tenant background checks in Estonia: what information may a landlord lawfully request?
A landlord may assess identity, affordability and the risk of non-performance, but only data necessary for that purpose should be collected. A broad “just in case” investigation conflicts with data minimisation.
Direct answer
What may a landlord ask an applicant?
A landlord may request information necessary to decide whether to enter the lease: identity, contacts, intended term, occupants, pets, proportionate affordability evidence and a previous landlord reference with the applicant’s knowledge. The legal basis must be assessed for each purpose and data type.
Every question should connect to the lease or a genuine risk.
Explain what is checked, why, for how long and who receives it.
Do not base decisions on ethnicity, health, religion or unrelated protected characteristics.
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Five core rules for applicant screening
GDPR requires lawfulness, transparency, purpose limitation, minimisation, accuracy, security and storage limitation. Before asking a question, know what decision the answer supports.
Consent is not automatically the correct legal basis. Pre-contractual necessity or documented legitimate interests may apply to some processing. Consent must be freely given and withdrawable, which can be difficult where an applicant fears losing the apartment.
Purpose
Define the tenancy risk or condition being assessed.
Minimisation
Collect the smallest amount that provides a sufficient answer.
Retention
Delete data relating to applicants who were not selected after a justified period.
02
What information is usually proportionate?
The request should match the property, rent and contract risk. Identity documents may be checked when preparing the lease, but storing a complete copy is not automatically necessary.
Affordability can be shown through proportionate evidence of stable income or reserves. An applicant-provided statement with irrelevant transactions redacted is often sufficient.
| Information | Usually justifiable? | Safer approach |
|---|---|---|
| Name and identification details | Yes, for identity and contract | Check the document; retain only needed contract details |
| Contact details | Yes | Phone and email |
| Income or affordability | Yes, proportionately | Proof of employment, income range or redacted statement |
| Previous landlord reference | Potentially | Contact the referee with the applicant’s knowledge |
| Occupants and pets | Yes, for use conditions | Ask how many people will live there and only for facts relevant to the lease |
| Full bank history | Usually excessive | Request only a limited period and allow irrelevant entries to be redacted |
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What questions should be avoided?
Special-category data such as health, religion, politics, ethnicity and sex life is strictly protected and normally irrelevant to choosing a tenant. Questions about pregnancy, diagnoses or nationality as a preference are inappropriate.
Apply the same objective conditions to all applicants. Requiring more proof from one ethnic or age group is problematic.
- Health conditions or diagnoses.
- Religion, political views or trade-union membership.
- Ethnicity or nationality as a selection criterion.
- Sexual orientation and private-life details.
- Pregnancy or family planning.
- Rumours or criminal allegations without a clear legal basis.
04
Payment history and public-source checks
Payment-default data is not simply public information for unrestricted use. A legitimate-interest assessment weighs the landlord’s interest, the applicant’s rights and safeguards.
The check must address the specific credit risk. A small, old or disputed debt should not automatically exclude someone. Allow the applicant to explain inaccurate or contextual information.
- Define the specific financial risk.
- Verify that the register and access are lawful.
- Assess how old the entry is, its amount, repetition and dispute status.
- Let the applicant explain or correct inaccuracies.
- Document objective reasons for the decision.
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How to make a fair and defensible decision
Create one scoring framework before viewing personal documents: income-to-rent ratio, desired term, occupants, pets, reference and communication reliability. Do not change the criteria after reviewing an individual applicant.
Automated scores should not be the sole decision, especially when data provenance is unclear. When using an agent or manager, define controller roles, systems and deletion obligations.
| Criterion | Objective check | Avoid |
|---|---|---|
| Affordability | Reasonable rent-to-verified-income ratio | Assumptions based on job title or origin |
| Contract fit | Term, number of occupants and intended use | Unrelated private-life details |
| Past conduct | Verifiable reference and payment pattern | Irrelevant impressions from social media |
| Risk measure | Lawful deposit, guarantee or advance | Discriminatory bans or excessive data |
06
Retention and security
Keep the selected tenant’s contract data for performance and justified claims. Do not retain unsuccessful applicants indefinitely. Set a deletion period and a narrow dispute exception.
Do not circulate salary evidence, IDs or bank records in open chat groups. Restrict access and use secure file transfer.
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A practical seven-step workflow
- Publish the same clear criteria for everyone.
- Collect a minimal initial questionnaire.
- Shortlist on objective conditions.
- Request affordability evidence and references only from shortlisted applicants.
- Explain processing and legal basis before checks.
- Make the decision and notify others respectfully.
- Sign the lease, delete unnecessary data and document handover.
Related reading: the apartment handover report checklist.
Want a professional and consistent tenant selection process?
Brokerly can manage marketing, applicant communication, proportionate checks, the lease and documented handover.
FAQ
Frequently asked questions about tenant screening
May a landlord ask for proof of income?
Proportionate affordability evidence may be requested, but a complete bank history is often unnecessary.
May I Google the applicant?
Availability online does not automatically make processing lawful. Purpose, legal basis, minimisation and transparency still apply.
May I check a payment-default register?
Potentially, for a specific credit risk and documented legitimate interest, but access, accuracy and proportionality must be assessed.
May I ask about health or pregnancy?
Generally not for an ordinary lease. These are sensitive or irrelevant matters.
How long may unsuccessful applicant data be retained?
Only for a justified, disclosed period—not indefinitely.
Official sources and further reading
The legal and factual statements in this guide were checked against the official sources below.
The information is general and reflects sources checked on 31 July 2026. For a specific dispute or transaction, verify the facts with a notary, lawyer or the relevant authority.
