AGG Complaint for Tenants in Germany: Tips
Many tenants in Germany wonder if and how to file a complaint under the General Equal Treatment Act (AGG) when they suspect discrimination in their housing situation. This article explains in plain language which indicators matter, how to systematically collect evidence, and which deadlines to observe. It describes practical steps for a formal complaint, how to have errors corrected, and includes a usable checklist for tenants. You will receive guidance on the relevant legal bases, which courts are competent, and which sample forms are useful. The goal is to give you as a tenant in Germany concrete tools so you can act confidently and in a legally secure manner.
What is an AGG complaint and when do tenants use it?
An AGG complaint addresses discrimination based on protected characteristics. Tenants use it when discrimination is suspected in the rental contract, during viewings, or during the tenancy. Relevant legal bases include tenancy law and the AGG as well as the landlord's obligations under the German Civil Code (BGB §§ 535–580a)[1]. Practically: document first, then formalize, do not escalate immediately.
Which indicators and evidence are decisive?
Collect everything that proves or rules out discrimination: messages, photos, witnesses, appointments and payment receipts. Order the evidence chronologically and note short contextual details.
- Collect evidence (evidence): Photos, messages, witness contacts and correspondence.
- Note deadlines (deadline): Date of incidents, confirmations of receipt and legal deadlines.
- Prepare templates and forms (form): Complaint letter, witness lists, handover protocols.
- Secure contacts (help): Landlord, property manager and, if needed, legal advice.
Strategy: How tenants file an AGG complaint strategically?
Start with a clear, factual account of the incidents. Name date, time, participants and attach evidence. Request a written confirmation of the complaint from the landlord or management. If facts are unclear, request correction or supplementation of statements.
- Draft the complaint (form): Short, factual, with concrete demands (e.g. written statement or ceasing certain behavior).
- Attach evidence (evidence): Number and name relevant documents as annexes.
- Set a deadline (deadline): Set a reasonable deadline for response, e.g. 14 days.
- Contact the court if needed (court): If there is no response, consider filing suit at the competent local court.
If the other side offers corrective steps, review them in writing. Errors in documents can often be corrected without court intervention if the evidence is clear.
Forms, templates and practical examples
Important forms for tenants include a sample AGG complaint letter, an informal correction letter and, if necessary, the complaint form according to the rules of the Code of Civil Procedure. A practical example: send a short complaint letter with date, brief facts and a 14-day deadline for response. If there are errors in correspondence, formally request correction or deletion of incorrect entries.
FAQ
- When can I file an AGG complaint as a tenant?
- If you have concrete indications of discrimination due to a protected characteristic, document the incidents and submit a formal complaint to the landlord. If necessary, consider legal action.
- Which evidence is particularly helpful?
- Photos, messages, appointments, witness statements and payment receipts are helpful. Order and label the evidence chronologically.
- Which court is competent for tenancy disputes?
- The competent local court (Amtsgericht) is usually responsible for first-instance matters; higher instances are the regional court and the Federal Court of Justice.
How-To
- Collect evidence (evidence): Photograph, save emails, note witnesses.
- Write the complaint (form): State facts, date, demand and deadline (e.g. 14 days).
- Monitor the deadline (deadline): Document receipt of the response and, if necessary, send a reminder.
- Prepare legal action if needed (court): Consider filing at the competent local court.
- Seek help (help): Contact legal advice or tenant counseling.
Help and Support / Resources
- Read the German Civil Code (BGB) and relevant paragraphs.
- Find information on courts and jurisdictions at your local Amtsgericht.
- Search for official forms and templates at the Federal Ministry of Justice.
