Discrimination by Origin: Tenant Rights in Germany
As a tenant in Germany, you may experience discrimination because of your origin. This practical guide explains how to avoid common mistakes, document incidents, and securely preserve evidence so that your complaints hold up in court or before authorities. We explain which phrases to use, which deadlines matter, and how to involve official bodies such as the local court. The language remains clear so that, even without legal training, you understand useful steps — from photographic records to written witness statements to timely filing of documents. At the end you will find concrete action steps and links to official forms. Read on to find sample texts.
What to do if you are disadvantaged because of origin?
First review the legal basis in the German Civil Code (BGB), especially landlord duties and termination rules (§§ 535–580a).[1] Record each incident with date, location and involved persons; avoid interpretations and note only observable facts.
Common mistakes
- Missing date entries or unclear deadlines (deadline) make it difficult to prove timing.
- No payment receipts for rent or deposit (rent) when they are relevant.
- Poor photos or missing documentation (evidence) of damage, statements or reports.
- Failure to respond in time to letters or missing deadlines for objections (notice).
- Witness statements missing or lacking contact details (record).
- Missing lawsuit or objection deadlines, so legal claims become hard to enforce (court).
Collecting evidence: practical
Collect evidence methodically and securely: photos, screenshots of messages, dated written notes and witness contact details. For discrimination, you can also file a complaint with the Federal Anti-Discrimination Agency, which provides advice and guidance on next steps.[2]
- Photo documentation with date and short caption (evidence).
- Save screenshots and emails as PDFs (evidence).
- Written notes of in-person conversations with date and participants (notice).
- Create a witness list with contact information (call).
- Keep payment receipts and bank statements if financial disadvantage is involved (rent).
Forms and procedures
Relevant official aids/forms for tenants include:
- Application for legal aid (Prozesskostenhilfe, PKH) — "Application for Granting Legal Aid". Use this when you cannot bear court costs yourself and need legal representation; example: you contest an eviction and need a lawyer, PKH can cover court and part of lawyer costs.
- Application for initial legal consultation aid (Beratungshilfe). Useful for a first legal assessment; example: you want to check whether an incident qualifies as discrimination.
- Complaint form for the Federal Anti-Discrimination Agency — use it to report discrimination and obtain advice. An official complaint often helps with evidence preservation and documenting systematic disadvantage.
If it goes to court
If legal proceedings start, the Civil Procedure Code (ZPO) applies to rules of procedure.[3] Local courts (Amtsgerichte) usually hear tenancy disputes in the first instance; check deadlines for filing claims, objections and presenting evidence.
FAQ
- How do I document discrimination because of origin?
- Note date, time, participants, take photos/screenshots and collect witness contact details.
- Where can I file a complaint?
- You can file a complaint with the Federal Anti-Discrimination Agency or contact the competent local court if legal action is necessary.
- Can a landlord evict because of origin?
- An eviction solely because of origin is unlawful; however, examine the concrete reasons and seek legal advice to prepare objections or lawsuits in time.
How-To
- Collect evidence systematically: photos, screenshots, written notes and witnesses (evidence).
- Contact the landlord in writing first and request a response; send by registered mail if possible (call).
- If appropriate, submit a complaint to the Federal Anti-Discrimination Agency and keep confirmation of receipt (notice).
- Check deadlines and prepare a lawsuit or objection if necessary; apply for legal aid if needed (court).
