AGG Complaint: Tenant Mistakes to Avoid in Germany

As a tenant in Germany, AGG complaints related to discrimination can feel intimidating. This practical guide explains step by step how to avoid common mistakes: from precise evidence preservation and respecting deadlines to formally submitting the complaint. It explains which types of evidence are useful, how to draft a written complaint clearly, and which authorities or courts may be relevant. The aim is to provide concrete actions so you can enforce your rights effectively without procedural errors. Even if you do not engage a lawyer, this guidance helps you spot typical pitfalls and respond systematically. At the end you will find a compact checklist, sample wordings and guidance on where to file formal notices or lawsuits at the local court.

What is an AGG complaint?

The General Equal Treatment Act (AGG) protects people from discrimination in workplaces and daily life; tenancy situations can be affected if landlords or neighbours discriminate because of origin, religion, gender or similar factors^[1]. In the tenancy context this often concerns access to housing, unfair terminations or unequal treatment in utility charges. In parallel, tenancy law provisions in the German Civil Code (BGB §§ 535–580a) regulate basic rights and duties of tenants and landlords^[2].

Core steps: Immediate actions for tenants

• Collect evidence: photos, emails, chat logs and witness statements.
• Respect deadlines: note dates of incidents and response deadlines.
• Draft a clear written complaint including date, place, concrete description and requested remedy.
• Address the correct recipient: landlord, property manager, or the anti-discrimination office.
• Document every contact: send important letters by registered mail or email with read receipt.

Tips for preserving evidence

Strong evidence is often decisive: photos of damage or discriminatory statements, written messages, timestamps and witness names. Keep a chronological file (digital and/or paper) with brief notes for each incident. Save emails as PDFs, keep phone notes, and ask witnesses for short written confirmations.

Forms, deadlines and authorities

There is typically no nationwide mandatory form for AGG complaints; a well-structured written complaint is usually sufficient. If you consider legal action, the civil procedure rules (ZPO) are relevant for filing lawsuits and deadlines at the local court^[3]. Tenancy-specific rules from the BGB also apply to obligations and termination protection^[2].

Step-by-step: Sample complaint process

• Step 1: Brief, factual incident description with dates and concrete facts.
• Step 2: Attach all relevant documents (photos, screenshots, witness statements).
• Step 3: State a clear requested remedy (e.g. cease conduct, compensation, mediation).
• Step 4: Request written confirmation of receipt and set a reasonable response deadline.
• Step 5: If unresolved, seek tenant advice or consider legal action at the local court.

Common mistakes and how to avoid them

• Complaining only orally instead of creating written records.
• Missing important deadlines or failing to document dates.
• Using unclear language without specifying a concrete request.
• Failing to preserve evidence or name witnesses.

Frequently Asked Questions

Can I file an AGG complaint without a lawyer?

Yes, many tenants first file a written complaint themselves. For complex cases or lawsuits, legal assistance is advisable.

Are there deadlines I must observe?

Yes. Response deadlines and possible statutes of limitation are important; record dates and request confirmations of receipt.

Where do I file a lawsuit if the complaint fails?

Civil disputes are filed at the local district court; appeals go to the regional court and legal questions can reach the Federal Court of Justice (BGH).

How-To

1. Collect all relevant evidence and create a complete chronology of the incident.
2. Draft a clear written complaint with date, place, names and requested remedy.
3. Send the complaint by registered mail or email with read receipt and set a deadline for response.
4. If necessary, seek legal advice and consider filing a claim at the local court.

Help and Support / Resources

• [1] General Equal Treatment Act (AGG) – Gesetze im Internet
• [2] German Civil Code (BGB), Tenancy §§ 535–580a – Gesetze im Internet
• [3] Code of Civil Procedure (ZPO) – Gesetze im Internet

1. [1] Allgemeines Gleichbehandlungsgesetz (AGG) – Gesetze im Internet
2. [2] Bürgerliches Gesetzbuch (BGB), § 535 ff. – Gesetze im Internet
3. [3] Zivilprozessordnung (ZPO) – Gesetze im Internet