Complaining About Overcharged Rent: Tenants in Germany

As a tenant in Germany, you can write a formal complaint if you believe your rent is overcharged or calculated incorrectly. This practical guide explains step by step which pieces of evidence you should collect, which deadlines apply and how to correctly justify the complaint in writing. You will learn which legal bases in the BGB and which courts are responsible, how to check service charge statements and which template phrases help in correspondence with the landlord. The guide is written for non-lawyers and contains practical advice on documentation, setting deadlines and preparing for a possible lawsuit before the local court. At the end you will find templates and information on free advisory services and next steps.

What is a complaint about overcharged rent?

A complaint is a written notification from the tenant to the landlord that the demanded rent is, from the tenant's perspective, too high or incorrect. It serves to inform the landlord of the error and to request correction. The legal basis for landlord obligations can be found in the BGB, in particular in the provisions on the tenancy agreement and rent amount.^[1]

When to justify and which documents do you need?

Justifying means: specify exactly which items are incorrect, how the charged amount is composed and which sources you use to prove the correct amount. Typical documents are the tenancy agreement, payment receipts, bank statements and the most recent service charge statement.

• Collect documents: tenancy agreement, payment receipts, service charge statement and photos of meter readings.
• Check the amount: calculate the actually owed rent and check whether advance payments or deductions are missing.
• Set deadlines: specify a reasonable deadline for response and correction.
• Written complaint: formulate the complaint clearly, name the disputed items and request a concrete adjustment.

Forms and templates

There is no single nationwide "complaint form number"; the content is decisive. Important official forms that may be relevant for further steps include the "Antrag auf Beratungshilfe" (application for legal advice aid) at the local court or the general civil claim forms available at your local court. If in doubt, legal advice aid can make legal assistance affordable; courts list the "Antrag auf Beratungshilfe" for persons with low income as an example.

What to do if the landlord does not respond?

If there is no response, document the lack of reply, send a reminder if necessary and set a final deadline. If the landlord still does not respond, examine the legal position and prepare a possible claim. Civil claims in tenancy disputes are usually filed at the local court; the procedural rules are contained in the ZPO.^[2]

Evidence and court

Documentation is crucial: chronological lists, dates, copies of all letters and confirmations of receipt. If court proceedings become necessary, relevant decisions of the Federal Court of Justice can provide guidance.^[3]

Key takeaways

• Gather the tenancy agreement, statements and payment receipts as evidence.
• Observe deadlines and document every communication.
• If disputes persist, the local court can decide; consider legal support.

FAQ

How do I phrase a complaint about overcharged rent?

Name the disputed items specifically, attach evidence, request correction or repayment and set a deadline for response.

Which deadlines must I observe?

Set a reasonable deadline (e.g. 14–30 days) for response; make this deadline in writing and document it.

What can I do if the landlord does not respond?

Send a reminder, document everything and consider legal steps such as a claim at the local court or applying for legal advice aid.

How-To

1. Collect all relevant documents (tenancy agreement, bank statements, service charge statement).
2. Write the complaint: date, specific items, requested amount and deadline for correction.
3. Send the complaint by registered mail with return receipt or by courier and document the dispatch.
4. If there is no response, prepare the documents for a possible claim at the local court.

Help and Support / Resources

• Gesetze im Internet — Bürgerliches Gesetzbuch (BGB), § 535 ff.
• Gesetze im Internet — Zivilprozessordnung (ZPO)
• Bundesgerichtshof — Mietrechtliche Hinweise und Entscheidungen

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB), §§ 535–580a
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof — Mietrechtliche Hinweise und Entscheidungen