Checklist: Discrimination by Origin for Tenants in Germany
As a tenant in Germany, discrimination because of origin can be distressing. This guide explains which pieces of evidence you should collect, how to document incidents and which deadlines and forms apply so you can enforce your tenancy rights effectively. We describe practical steps from collecting photos, messages and witness statements to preparing a formal complaint and a possible lawsuit at the local court. We refer to relevant laws and official forms, show when a rent reduction or protection against eviction may apply, and give clear guidance for written communication with landlords and authorities. The checklist is suitable for tenants without legal background and includes sample texts and information about free advisory services.
Collect evidence
- Photos (photos) of incidents with date and location.
- Save emails, SMS and chat messages (messages).
- Documents and receipts (document) such as lease agreement, utility statements and correspondence.
- Record date, time and sequence; observe deadlines.
- Note witnesses with contact details and obtain brief written statements.
Forms & Deadlines
Important official forms and guidance are provided by federal authorities. Examples include a formal complaint to the landlord, a sample termination letter (when terminating yourself), and filing a claim at the local court. A formal complaint should state the date, concrete incidents, evidence and a clear request (e.g. injunction or damages). Links to official legal sources and ministry pages are given below and in the footnotes.
When to sue? Court and procedure
If informal steps do not help, filing a claim at the local court can be appropriate; many tenancy disputes start there. Legal bases include the Civil Code and the General Equal Treatment Act. Before filing, check prospects of success, submit all evidence and follow civil procedure rules for claims and eviction lawsuits. If unsure, use free advisory services or legal counsel.
Practical example
A tenant repeatedly receives derogatory remarks from the landlord. Step 1: secure photos and messages. Step 2: list witnesses in writing. Step 3: send a formal complaint by registered mail and set a deadline. Step 4: if no response, consider filing a claim at the local court and attach evidence.
FAQ
- How do I prove discrimination by origin?
- Collect photos, messages, date/location, witnesses and official documents; record every contact in writing.
- Do I have to inform the landlord first?
- Yes. Document the notification (registered mail or email) and set a deadline for remedy before taking further legal action.
- Which court is competent?
- Most tenancy disputes are handled by the local court; higher claims or appeals go to regional courts or the Federal Court of Justice.
How-To
- Collect evidence systematically: photos, messages, witnesses, date/time.
- Write a formal complaint to the landlord and send it by registered mail.
- Obtain free advice from tenant associations or anti-discrimination offices.
- If necessary: file a claim at the competent local court and attach evidence.
- Observe deadlines: meet objection and claim deadlines.
- Be prepared for court hearings and present evidence in an organized manner.
Help and Support / Resources
- Federal Anti-Discrimination Agency
- Federal Ministry of Justice and Consumer Protection (BMJV)
- Gesetze im Internet (Federal law)
