AGG Complaint Guide: Tenant Rights in Germany

As a tenant in Germany, you may face discrimination issues under the General Equal Treatment Act (AGG) and wonder how to respond. This guide explains in clear language which steps students and other tenants can take: which evidence is useful, how to meet deadlines, and which authorities or courts are responsible. The aim is to give you concrete, practical steps so that a complaint is properly documented and filed on time. We also explain when court clarification at the local court (Amtsgericht) makes sense and which statutory provisions on tenancy are relevant.

What is an AGG complaint in the tenancy context?

An AGG complaint aims to prevent or remedy discrimination in housing rental or during the tenancy. The AGG protects against disadvantages due to, for example, age, gender or origin.^[1] In the tenancy context this means: if you are refused an apartment or contractual terms are applied unequally, you can document this and file a complaint.

What tenants should watch for

• Gather evidence: photos of listings or defects, emails, SMS and names of witnesses.
• Send a written complaint to the landlord: state date, facts and desired remedy clearly.
• Observe deadlines: act promptly and note all relevant dates.
• Document defects: record damages, heating problems or other impacts on habitability.
• Contact relevant bodies for advice before filing a lawsuit if needed.

How-To

1. Document the incident in writing within a few days and note the date.
2. Send a concise written complaint to the landlord and request confirmation.
3. Secure evidence: photos, meeting notes, email exchanges and witness names.
4. Contact advisory offices or supervisory authorities if necessary.
5. If no agreement is possible, consider filing a suit at the competent local court in accordance with procedural law.^[2]

What courts and authorities do

Tenancy disputes are usually handled by local courts (Amtsgerichte); appeals go to regional courts and ultimately to the Federal Court of Justice. Civil procedural rules apply in court proceedings, in particular the Code of Civil Procedure (ZPO).^[3]

FAQ

Can I file an AGG complaint without a lawyer?

Yes, many tenants file complaints themselves; for complex cases or when deadlines are at risk, legal advice is recommended.

What evidence is usually sufficient?

Photos, emails, written listings and witness statements are often persuasive. Record dates and content of all communications.

Where do I go if the landlord does not respond?

First follow up in writing and set a deadline; if there is no response you may contact the local court or seek advice from an official body.

Help and Support / Resources

• AGG: General Equal Treatment Act (Gesetze im Internet)
• BGB: Civil Code – relevant tenancy provisions
• Federal Court of Justice – information on court procedures

1. [1] General Equal Treatment Act (AGG) - Gesetze im Internet
2. [2] Civil Code (BGB) - Gesetze im Internet
3. [3] Code of Civil Procedure (ZPO) - Gesetze im Internet