Discrimination by Origin: Tenant Rights Germany

Many tenants in Germany are unsure how to recognise and prove discrimination by origin. This text explains in plain language what tenant rights exist under tenancy law, which common mistakes occur in complaints and how to systematically collect evidence, note deadlines and proceed without a lawyer. The goal is to give you clear action steps: which documents matter, when to contact courts or the Federal Anti-Discrimination Agency and which legal bases are relevant. At the end you will find a short how-to, frequently asked questions and official help organisations.

When is discrimination by origin present?

Discrimination occurs when landlords or property managers treat tenants or applicants worse than others because of origin, nationality or skin colour. This can happen with housing offers, rental contracts, terminations or access to common areas. Tenancy duties and tenant rights are set out in §§ 535–580a of the BGB and procedural steps are possible under the ZPO.^[1][2]

Common mistakes tenants make

• Not collecting evidence (evidence): No photos, no messages and no witness names.
• Missing deadlines (deadline): Delayed responses to letters or missing objections.
• Wrong forms or delivery (form): Failing to document correspondence or not sending with proof.
• Considering court too late (court): Waiting until deadlines pass or evidence is lost.
• Not contacting advisory services (help): Not using counselling assistance or the Anti-Discrimination Agency.

Avoid these mistakes by securing evidence immediately, noting deadlines and informing contacts.

How to collect evidence systematically

Good evidence includes written messages, photos, incident logs, payment receipts and witness statements. Note date, time and participants for each incident. Send complaints and inquiries by email or registered post and save receipts. Where possible, get dated confirmations of defects or incidents.

• Photos and videos (evidence): Make dated recordings of incidents or discriminatory acts.
• Secure correspondence (form): Keep emails, letters and replies.
• Name witnesses (help): Note names and contact details and summarise statements.

If you want to proceed formally

Before suing, check alternatives: complaint to the property manager, mediation by the Federal Anti-Discrimination Agency or legal aid. If court action is necessary, civil proceedings start at the local court (Amtsgericht); many tenancy cases are heard there, appeals go to the Landgericht and the BGH decides fundamental issues.^[2][3]

FAQ

What can I do if I am discriminated against because of origin?

Document incidents, contact the landlord and property manager in writing first, inform the Anti-Discrimination Agency and consider legal aid or a lawsuit at the local court.^[4]

Do I need a lawyer for a complaint?

No, not always; many tenants use legal aid, the Anti-Discrimination Agency or template forms and submit evidence without a lawyer, especially in clear cases.

Which deadlines are important?

Pay attention to objection deadlines, delivery deadlines and limitation rules; note all dates and act promptly.

How-To

1. Collect evidence (evidence): Photos, emails, messages and witness details with dates.
2. Write a formal complaint (form): Describe the incident, request remedy and set a deadline.
3. Contact advisory services (help): Inform the Anti-Discrimination Agency or local tenant counselling.
4. Review court options (court): File a claim at the local court and attach evidence if necessary.
5. Keep track of deadlines (deadline): Note dates and respond promptly to correspondence.

Key Takeaways

• Early documentation protects your rights and simplifies formal steps.
• Use the Anti-Discrimination Agency and legal aid as first contacts.

Help and Support / Resources

• [1] Federal Anti-Discrimination Agency
• [2] Laws on the Internet (BGB, ZPO)
• [3] Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de
4. [4] Federal Anti-Discrimination Agency — antidiskriminierungsstelle.de