Discriminatory Rental Ads: Avoid Mistakes in Germany

As a tenant in Germany, you may encounter discriminatory rental ads that distinguish applicants by characteristics such as origin, gender, family status, or disability. This text explains in clear language which rights you have under tenancy law, how to secure evidence and which deadlines apply for complaints and court actions. It is aimed at tenants without legal expertise and shows practical steps: which forms and authorities are relevant, when the local court is responsible and how to report a discriminatory ad without making critical mistakes. Keep documents and communications and act promptly to protect your rights.

What is a discriminatory rental ad?

A discriminatory rental ad requires or prefers certain attributes in applicants or excludes others. Such ads violate general principles of equal treatment and can infringe legal provisions. Discrimination can be visible directly in text or subtly through required details that are not relevant for renting. As a tenant you should be able to tell whether wording constitutes unlawful disadvantage or only expresses a preference.

Rights and legal basis

In German tenancy law, your duties and rights are set out in the Civil Code (BGB), notably on landlord obligations and defect rights ^[1]. Court procedures such as eviction suits follow the Code of Civil Procedure (ZPO) ^[2]. For legal disputes, the local court (Amtsgericht) is usually competent; for fundamental questions or precedents the Federal Court of Justice (BGH) may decide ^[3].

Important laws and competent courts

• Civil Code (BGB) – tenancy law (rent)
• Code of Civil Procedure (ZPO) – court proceedings (court)
• Local court (Amtsgericht) – responsible for many tenancy disputes (court)
• Federal Court of Justice (BGH) – case law and precedents (court)

How to react: steps for tenants

If you find a discriminatory ad, document the text fully (screenshot, URL, date) and collect all messages. First try a factual conversation with the landlord or advertiser; if that fails, follow these steps:

1. Secure evidence: screenshot, ad, date, names of contacts (evidence).
2. Request a written explanation or retraction by email or letter (notice).
3. Check local contacts: consumer protection or judicial authority (contact).
4. If necessary, file a complaint with the local court or bring a civil action (court).

Practical notes on forms

For formal steps use commonly accepted letters: for example a formal complaint letter or a written request to withdraw the ad. For court actions, the specific forms and filing rules are available at the competent local court; often a simple statement of claim suffices, while eviction suits have special formal requirements ^[4].

Frequently Asked Questions

Can I take action against a discriminatory rental ad?

Yes. As a tenant you can ask the landlord to change or remove the ad and, if necessary, initiate legal proceedings.

Should I first complain to the landlord?

It is advisable to contact the landlord in writing first; this creates documentation before possible court steps.

Which court is competent?

Usually the local court (Amtsgericht) is competent for tenancy disputes and claims.

How-To

1. Secure screenshots and text of the ad and note the date (evidence).
2. Send a written request to the advertiser asking for correction or withdrawal (notice).
3. Contact authorities or the local court if there is no response (contact).
4. File a claim with the local court and attach evidence if necessary (court).

Help and Support

• Gesetze im Internet – Civil Code (BGB)
• Federal Court of Justice (BGH)
• Justice portal of the federal and state governments

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH) – Decisions
4. [4] Justice portal of the federal and state governments – Court forms and guidance