Challenging Excessive Rent: Tips for Tenants in Germany

Many tenants in Germany face the question of how to respond to suspected excessive rent without immediately hiring a lawyer. This article explains practically and clearly how to gather evidence, meet deadlines and write a formal complaint (Rüge), which rights apply under the BGB and when a rent reduction or legal steps make sense. The following guidance shows concrete steps to document properly, which proofs matter and which official authorities are responsible. The goal is that you as a tenant act with confidence, minimize risks and consider cost-saving options.

What does a complaint about excessive rent mean?

A complaint (Rüge) is a written notification to the landlord stating that you consider the rent excessive and requesting reasons, evidence or a correction. The legal basis for tenant duties and rights can be found in the provisions of the German Civil Code (BGB) (§§ 535–580a).^[1]

Preparation: Evidence and checkpoints

• Collect tenancy contracts, utility bills and comparison offers (rent index, listings).
• Note deadlines and dates, e.g. date of receipt of your complaint and response times.
• Prepare a written complaint letter: date, specific objection, requested correction.
• Calculate potential rent reduction or recovery, documented with concrete figures.
• Assemble photos, messages and handover protocols as evidence.

How to phrase the complaint

A simple, informal letter is usually sufficient: address, date, subject "Complaint about excessive rent", precise description of reasons, demand for reply within a deadline (e.g. 14 days) and note of attachments. Send the complaint by registered mail or by email with read receipt and keep a copy.

If the landlord does not respond

If the landlord does not respond or refuses, review next steps: rent reduction, municipal ombudsman or conciliation, or ultimately proceedings at the local court. Tenancy disputes are usually decided in the first instance by the local court (Amtsgericht); higher instances are the Landgericht and the Federal Court of Justice.^[2]

Practical example: Short and concrete

You have been paying a rent that is clearly higher than comparable apartments for a year. Steps: (1) gather rent index and listings; (2) send a complaint and set a 14-day deadline; (3) if no fair response, consider rent reduction and prepare evidence; (4) if necessary, consider a payment order or lawsuit (observe ZPO rules).^[3]

FAQ

What exactly should I write in a complaint?

Include date, your address, the exact objection, concrete comparison offers or calculations and a clear deadline for a response.

Can I enforce a rent reduction without a lawyer?

Yes, rent reductions can often be achieved without a lawyer based on shared documentation and written notice; for disputes, legal advice or conciliation is recommended.

Where do I file a lawsuit if the landlord does not cooperate?

Tenant lawsuits are filed in the first instance at the competent local court (Amtsgericht); appeals go to the regional court (Landgericht).

How-To

1. Within 14 days send a written complaint to the landlord and provide proof of receipt.
2. Attach evidence and comparisons (rent index, listings, photos).
3. Assess a reasonable rent reduction and announce it if applicable.
4. If no agreement, seek conciliation or advice and document deadlines.
5. As a last step, prepare a lawsuit at the competent local court or consider a payment order under the ZPO.

Help and Support

• German Civil Code (BGB) – Gesetze im Internet
• Local court (Amtsgericht) information — Justiz
• Code of Civil Procedure (ZPO) — Gesetze im Internet

1. [1] German Civil Code (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Information on local courts and jurisdiction — Justiz
3. [3] Code of Civil Procedure (ZPO) — Gesetze im Internet