Avoid Rent-Overcharge Objections: Tenants in Germany

As a tenant in Germany, an objection to an overcharged rent can be confusing and stressful. Many tenants make simple mistakes such as objecting too late, incomplete evidence, or incorrect delivery, which weaken their chances. This guide clearly explains which formal steps and deadlines are important, which proofs (payment records, lease, comparison offers) you should collect and how to formulate a written objection factually. I list practical sample points, show typical pitfalls in tight rental markets and explain when a lawsuit at the local court is sensible. The goal is that you, as a tenant in Germany, are prepared, protect your rights and avoid unnecessary risks. Continue reading the checklist below and use the provided official resources.

What is an objection to overcharged rent?

An objection is the formal notice to the landlord that the rent demanded is, in your view, too high. The legal basis can be found in the Civil Code (BGB), particularly regarding landlord duties and rent reductions, and in procedural law for court steps^[1][2]. An objection should be factual, written and supported by evidence.

Common mistakes and how to avoid them

• Missing deadlines or objecting too late; act within the usual review and payment deadlines.
• Incomplete evidence collection; include lease, payment receipts and comparable offers.
• Wrong form or delivery; send the objection in writing by registered mail or hand over with receipt confirmation.
• Emotional or unclear wording; stay factual and state precise amounts and periods.

Practical steps to prepare

1. Check deadlines: note relevant payment and objection deadlines as well as contract deadlines.
2. Gather evidence: bank statements, handover records, lease and previous statements.
3. Draft the written objection: date, specific claim, clear justification and request for repayment or correction.
4. Ensure delivery: use registered mail with return receipt or personal handover with confirmation.
5. If no agreement: consider filing at the competent local court and inform yourself about procedure and costs^[2][3].

Key Takeaways

• Document all payments and communications fully.
• Observe deadlines carefully or you may lose rights.
• Court clarification is possible but usually sensible after careful preparation.

FAQ

What must an objection contain?

The objection should include date, your name, address, specific details of the overcharged rent (amounts, periods), reasoning and the demand for repayment or correction.

Which deadlines apply?

There is no uniform statutory deadline for every objection, but act promptly after becoming aware of the overcharge and observe deadlines for payments and court steps in civil procedure^[2].

Which court is competent?

Rental disputes are typically handled by the local court; in higher instances the regional court and the Federal Court may decide^[3].

How-To

1. Check since when the excessive rent has been charged and note deadlines.
2. Collect all relevant documents and evidence in an organized folder.
3. Formulate the objection in writing: precise figures, clear demand, deadline for response.
4. Deliver or send the objection so you can prove receipt if necessary.
5. If no agreement is possible, prepare the documents for a lawsuit at the local court.

Help and Support / Resources

• [1] Gesetze im Internet – Civil Code (BGB)
• [2] Gesetze im Internet – Code of Civil Procedure (ZPO)
• [3] Federal Court of Justice – Information and Decisions

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Informationen und Entscheidungen