Contest Rent Gouging: Tenants in Germany 2025

Many tenants in Germany are unsure when a rent amounts to gouging and how to challenge it. This guide explains in practical terms how you can recognize rent gouging, which legal foundations apply and what steps tenants in 2025 can take to contest excessive demands. I describe how to check the lease, rent index and comparable apartments, collect evidence and prepare formal letters or lawsuits. I also name relevant deadlines, sample forms and the competent courts. The guidance is suitable for tenants without legal expertise and shows concrete examples of how to avoid mistakes, meet deadlines and improve your chances at the local court. If you are unsure, seek official advice early or review sample forms before responding.

What is rent gouging?

Rent gouging refers to an excessively high or morally objectionable rent. Legally, this can fall under general rules on immorality; in residential tenancy law, the specific provisions of the BGB on tenants' and landlords' rights and duties apply.^[1] In particularly blatant overcharges, §138 BGB may apply, which renders immoral legal transactions void.^[2]

How can tenants identify excessive rents?

• Check the rent index and comparable apartments in your city to determine the customary local rent.
• Compare the lease for agreed graduated rents or index clauses and verify whether increases are formally valid.
• Collect evidence: previous leases, listings of comparable apartments, photos and communication with the landlord.
• Note additional payments: hidden fees or unusual advance payments increase the total burden.

First practical steps

If you suspect an overcharge, first document the current rent amount and collect comparative offers. Request a written explanation from the landlord if the rent increases suddenly. Continue to pay to avoid losing claims, but mark payments as "under protest" and consult legal advice before withholding rent.

Forms, templates and deadlines

For formal letters and lawsuits there are official templates and guidance. A commonly referenced template is the termination letter or formal notice to the landlord for rent reduction or repayment claims; use official templates when available.^[5] If you consider legal action, the Code of Civil Procedure governs the proceedings and submission of claims at the local court.^[3] Typical deadlines are short: respond within a few weeks after becoming aware of the overcharge, since evidence and witnesses are more readily available.

Which courts and authorities are competent?

Disputes about rent and eviction are usually heard in the first instance by the local court; on appeal the regional court and possibly the Federal Court of Justice handle legal questions and precedents.^[4] Proceedings such as eviction suits or repayment claims are civil disputes under the Code of Civil Procedure.^[3]

Avoid common mistakes

• Failing to document in writing or relying solely on verbal agreements.
• Missing deadlines; legal reaction times are short.
• Incomplete evidence collection, e.g. missing screenshots or comparable offers.

Frequently Asked Questions

What can I do if my rent is significantly above the rent index?

Check comparable offers, document the difference and request a written justification from the landlord; then consider seeking advice or filing a claim at the local court.^[1]

Do I have to keep paying if I challenge rent gouging?

You should continue to pay to avoid disadvantages, but payments can be made "under protest"; seek legal advice.

What is the deadline for suing over rent overcharge?

Specific deadlines depend on the case; it is advisable to collect evidence promptly and react within a few weeks, as later claims can be complicated.^[3]

How-To

1. Check the lease, rent index and comparable apartments to establish the customary local rent.
2. Gather evidence: listings, contracts, photos and correspondence with the landlord.
3. Send a formal letter to the landlord with a deadline and request for justification.
4. Wait for deadlines and prepare, if necessary, the case documents for the local court.
5. File a claim at the competent local court or seek legal representation if needed.

Help and Support / Resources

• Gesetze im Internet – federal law, incl. BGB and ZPO.
• Federal Court of Justice (BGH) – case law and decisions.
• Federal Ministry of Justice (BMJ) – guidance and official forms.

1. [1] Gesetze im Internet: BGB §§535–580a
2. [2] Gesetze im Internet: §138 BGB (Sittenwidrigkeit)
3. [3] Gesetze im Internet: Zivilprozessordnung (ZPO)
4. [4] Federal Court of Justice (BGH)
5. [5] Federal Ministry of Justice (BMJ) – templates and guidance