AGG Complaint for Tenants in Germany 2025
Key legal bases and jurisdictions
The general duties of landlords and tenants' rights are set out in the Civil Code (BGB), especially rules on tenancy, maintenance and termination (Sections 535–580a BGB)[1]. In cases of discrimination in housing, the General Act on Equal Treatment (AGG) may also apply, for example for unequal treatment based on origin, gender, religion or disability[2]. Procedurally, civil claims are usually filed at the competent local court (Amtsgericht); appeals and higher case law involve the regional courts and the Federal Court of Justice. Court procedures follow the Civil Procedure Code (ZPO)[3].
When is an AGG complaint worthwhile as a tenant?
An AGG complaint makes sense if you have concrete indications of discriminatory behavior that affects your housing situation (for example, unequal treatment during viewings, contract terms or access to repairs). Check whether the conduct falls under the protected characteristics of the AGG and whether you have witnesses, photos, chat or email records as evidence. Pure tenancy defects (e.g. heating failure) are primarily covered by the BGB; where both overlap (e.g. landlord only responds to certain tenant groups), both may be relevant.
Practical steps for tenants
- Document incidents immediately and note date, time and persons involved.
- Collect evidence: photos, messages, witness statements and payment receipts.
- Draft a written complaint to the landlord or competent authority and request a response.
- Contact the Federal Anti-Discrimination Agency or local advisory services for an initial assessment.
- If no resolution is reached, consider filing a civil lawsuit at the local court.
Forms and templates (official)
There is no nationwide AGG "form" for tenant complaints; complaints are usually submitted in writing. For civil claims, courts provide standard claim forms or you can submit a statement according to the ZPO. Official sample texts and guidance are available on justice websites and from the Federal Ministry of Justice. A practical example: a formal complaint letter to the landlord should include date, concrete incidents, requested remedy and a deadline for response (e.g., 14 days).
What to include in a complaint letter?
A clear complaint letter should include:
- Date, names of involved persons and a concrete description of the incident.
- List of attached evidence (photos, messages, witnesses).
- Specific demand and a deadline for remedy (e.g., 14 days).
FAQ
- Can I apply the AGG against my landlord as a tenant?
- Yes, if you were discriminated against for a characteristic covered by the AGG and it affects the rental relationship; often it is sensible to complain to the landlord first.
- What deadlines should I observe?
- Set deadlines in your letter (e.g., 14 days) and observe general limitation periods under the BGB; procedural time limits under the ZPO also apply.
- Where can I turn if the landlord does not respond?
- You can contact the Federal Anti-Discrimination Agency or seek legal advice and, if necessary, consider filing a lawsuit at the local court.
How-To
- Collect all evidence and create a chronological list of incidents.
- Prepare a formal complaint letter to the landlord with a deadline for response.
- Contact the Anti-Discrimination Agency or local advisory services for initial assessment.
- If unresolved, file a civil claim at the competent local court.
- Keep all replies and confirmations and note deadlines for next steps.
Help and Support / Resources
- Contact Federal Anti-Discrimination Agency for advice on housing discrimination.
- Contact Federal Ministry of Justice for official laws and guidance on BGB and AGG.
- Contact Federal Court of Justice for information on relevant case law in tenancy matters.
