I was asked for my bank card. Is that legal?
I was asked for my bank card. Is that legal?
I'm 80 years old and have registered for a sheltered flat. When I applied, I had to provide all my bank documents and was asked to provide a copy of my bank card. Is this legal?
A. Geneva
The contract for the rental of protected accommodation is subject to the general rules applicable to leases. As such, the landlord is entitled to request information about the prospective tenant's personal and financial circumstances.
The Federal Data Protection and Information Commissioner (FDPIC) assesses whether or not the questions asked of people interested in renting accommodation are permissible. To do this, he examines whether the collection of data may infringe on the personality of the persons concerned and whether this infringement is covered by sufficient justification.
For example, the landlord is entitled to request information about the applicant's nationality, residence permit and expiry date. They are even entitled to request information from referees if the person applying for the tenancy has agreed to this procedure.
On the financial side, the landlord may ask for information about a prospective tenant's solvency, in order to determine whether he or she has sufficient resources to pay the rent. They may also ask about the occupation of the potential future tenant. It is also possible to ask for an extract from the register of debtors, although this should normally only be done when the lease is signed.
It is rare for housing authorities to require bank statements, as the tenant's income should be sufficient to cover rent and service charges. This information may nevertheless be useful in the case of subsidised accommodation, as the price may be set according to the tenant's assets and income.
It should also be pointed out that the information contained on bank debit or withdrawal cards serves to certify the relationship with the establishment concerned and does not normally allow payments to be made. On the other hand, be wary of anyone asking you for a credit card number.
