Challenging Origin-Based Discrimination for Tenants in Germany

Many tenants in Germany experience discrimination because of their origin when seeking housing, during viewings, or in an existing tenancy. This guide explains in clear terms what rights you have as a tenant, when the General Equal Treatment Act (AGG) and tenancy law apply, which first steps are sensible, and how to use a sample letter correctly. You will receive practical advice on evidence preservation, communication with landlords, deadlines and court responsibilities. We also list official forms and authorities that can help in such cases and show when filing a lawsuit at the local court may be appropriate. The text also includes notes on costs, deadlines and free counselling options for tenants.

What to do if you are disadvantaged because of origin

If you as a tenant are disadvantaged because of your origin, start systematically: document incidents, inform the landlord in writing and examine legal options. Often tenancy law and anti-discrimination rules apply; check the General Equal Treatment Act (AGG) and the landlord's duties under the BGB^[1][2]. Speak factually with the landlord and request concrete remedial measures.

Immediate steps

• Collect evidence: photos, messages, witness names and a dated log.
• Inform the landlord in writing: use a sample letter and request a statement.
• Observe deadlines: set a clear deadline for a reply (e.g. 14 days).
• Seek advice: contact local counseling centers, legal advice or tenant support organizations.
• Consider court action: if necessary, you can file a claim at the local court.

Sample letter (example)

Dear [Landlord Name], I, [Your Name], residing at [Address], was discriminated against on [Date] during the viewing/when applying for the apartment because of my origin. Please respond and inform me what steps you will take to remedy this discrimination. I request a written reply within 14 days. Sincerely, [Your Name]

Legal basis

Important are the rules on the rental agreement and the landlord's duties in the BGB as well as the General Equal Treatment Act (AGG) against discrimination. The BGB regulates obligations from the tenancy, such as maintenance and equal treatment^[1]. The AGG protects against discrimination because of origin and can be relevant in the housing market^[2]. Civil procedure rules apply for court proceedings (ZPO)^[3]. In doubtful cases, decisions of the Federal Court of Justice (BGH) may set standards^[4].

FAQ

Can my landlord refuse the apartment because of my origin?

No. A refusal solely because of origin is generally unlawful; document incidents and seek legal advice.

Which deadlines must I observe?

Give the landlord a clear deadline for response, usually 10 to 14 days; for lawsuits the procedural deadlines of the ZPO apply.

Where can I turn for help?

Contact local counseling centers, the local court for tenancy disputes, or legal advice.

How-To

1. Gather evidence: photos, messages, dates and witnesses.
2. Send a sample letter to the landlord and request a reply.
3. Seek support from counseling centers or a lawyer.
4. Consider court options at the local court if no agreement is possible.

Key takeaways

• Documentation is central and improves your evidence position.
• A clear written sample letter creates proof.
• Use free counseling services and consider legal steps.

Help and support

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB) §§535–580a
• Gesetze im Internet: Allgemeines Gleichbehandlungsgesetz (AGG)
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB) §§535–580a
2. [2] Gesetze im Internet: Allgemeines Gleichbehandlungsgesetz (AGG)
3. [3] Gesetze im Internet: Zivilprozessordnung (ZPO)
4. [4] Bundesgerichtshof (BGH)