Discriminatory Rental Ad: Tenant Rights Germany

Tenants in Germany sometimes encounter rental ads that exclude or disadvantage certain groups. Such discriminatory phrases are not only unfair; they can also breach the General Act on Equal Treatment (AGG)^[1] and basic tenant rights. This article explains clearly which timely steps you can take: how to document an ad, which official forms or letters are appropriate, how and when a complaint at the local court or a report to the competent authorities is advisable, and which deadlines apply. We also show which evidence judges expect and how to assess chances of success. The goal is to empower tenants and provide practical action steps.

What to do about discriminatory ads?

Recognition and documentation are the first steps. Note date, time, platform and save screenshots or copies of the ad. If possible, also secure messages or viewing appointments as evidence.

• Secure screenshots, texts and all relevant messages as evidence.
• Draft a short, factual letter to the landlord requesting correction or a statement.
• Contact the Federal Anti-Discrimination Agency or the competent state office to check for support.
• If no agreement is reached: consider filing a lawsuit at the competent local court; tenancy disputes are heard there.
• Strictly observe deadlines for complaints and lawsuits, otherwise claims may lapse.

Which laws and authorities are relevant?

The General Act on Equal Treatment (AGG) for discrimination prohibitions and the German Civil Code (BGB) for tenancy matters are important. In court proceedings, the rules of the Code of Civil Procedure (ZPO) apply and local district courts are the first instance for tenancy disputes.^[2]

Practical templates and forms

There is no single "anti-discrimination lawsuit template" for every case, but typical documents include:

• Written request to the landlord with a deadline for correction or a statement (reminder or demand letter).
• Complaint letter to the Anti-Discrimination Agency with evidence and facts of the case.
• Complaint form for the local court according to ZPO requirements if you decide to sue.

FAQ

Is discrimination in rental ads illegal?

Discriminatory statements can violate the AGG and are legally challengeable; tenancy matters also involve protection duties under the BGB.^[1]

Which court should I contact for a lawsuit?

For tenancy matters, the local district court is usually competent; it handles evictions, termination disputes and claims for damages.^[3]

Which evidence is most helpful?

Clear documentation: ad screenshot, date, time, copies of messages, witness statements and written demands to the landlord increase the chances of success.

How-To

1. Collect all evidence immediately: screenshots, messages, notes from conversations.
2. Draft a short letter to the landlord requesting correction and setting a deadline.
3. Contact the Federal Anti-Discrimination Agency and ask about support options.
4. If necessary, file a lawsuit at the district court; attach all evidence and follow ZPO formalities.
5. Keep track of deadlines and respond to court summons or orders promptly.

Key Takeaways

• Discriminatory ads can be legally challenged in Germany.
• Secure evidence immediately and comprehensively.
• The local district court is typically the first judicial instance for tenancy disputes.

Help and Support / Resources

• Federal Anti-Discrimination Agency
• Gesetze im Internet – General Act on Equal Treatment (AGG)
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – Allgemeines Gleichbehandlungsgesetz (AGG)
2. [2] Gesetze im Internet – BGB §535 Rental Agreement
3. [3] Gesetze im Internet – Code of Civil Procedure (ZPO)