Challenge Excessive Rent for Tenants in Germany

As a tenant in Germany you have rights when a requested or charged rent appears excessive. This guide explains clearly how to review a complaint about excessive rent, which deadlines to observe and which practical steps are possible. Start by naming concrete figures, comparing with the local comparative rent and collecting evidence before you lodge a formal objection. Legal foundations can be found in the German Civil Code (BGB).^[1] If court action is needed, the rules of the Code of Civil Procedure (ZPO) apply.^[2] Local district courts (Amtsgericht) handle many tenancy disputes.^[3]

What to check first

Before you react formally, check these items and gather documents. Start with the lease and the demanded rent, then compare similar apartments in your city.

• Check deadlines: When was the rent increase notified and what deadlines apply?
• Check the amount: Does the requested rent comply with regional caps and usual rent levels?
• Gather evidence: payments, bank statements, listings and photos as comparison material

Forms and templates for tenants (when and how to use)

There is no single nationwide form for every situation, but common letters and filings include:

• Termination letter (model from the Federal Ministry of Justice) – if a timely termination is necessary; example: you intend to move out because the rent increase is unreasonable.
• Written complaint about excessive rent / objection letter to the landlord – always send by registered mail with a deadline
• Submission/pleading to the district court if filing a claim: assert rent reduction or refund claims in writing

Practical steps to contest

Proceed step by step: check, document, object formally, seek legal advice if needed, and consider legal action. A concrete how-to follows below.

FAQ

Can I withhold payment immediately if I consider the rent excessive?

No. Withholding the full payment carries risks. Instead, pay with an explanatory note and file a formal objection at the same time.

What deadline applies to disputing a rent increase?

Respond within the deadline stated in the notification; if none is stated, act as soon as possible and generally within a few weeks after becoming aware.

Where do I file a lawsuit if landlord and tenant cannot agree?

The claim is usually filed at the local district court (Amtsgericht); it addresses rent reductions and repayment claims.

How-To

1. Compare the requested rent to the local comparative rent and note concrete prices.
2. Collect evidence: lease, bank statements, listings and photos.
3. Draft a written objection to the landlord with a deadline.
4. Seek legal advice (tenant association, legal aid offices) before filing a lawsuit.
5. If necessary, file a pleading at the district court referencing your evidence.

Help and Support / Resources

• [1] Gesetze im Internet: BGB §§ 535–580a (Tenancy law)
• [2] Gesetze im Internet: Code of Civil Procedure (ZPO)
• [3] Federal Court of Justice (BGH) – decisions and information

1. [1] Gesetze im Internet: BGB §§ 535–580a (Tenancy law)
2. [2] Gesetze im Internet: Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice (BGH) – decisions and information