Equal Treatment at Home: Tenant Rights in Germany
When is unequal treatment present?
Unequal treatment may be present when a landlord or property manager treats comparable tenants differently, for example regarding access to common rooms, repairs or enforcement of house rules. It is decisive whether differences can be justified or appear arbitrary. The Civil Code (BGB) is central for landlord and tenant duties.[1]
Typical tenant mistakes when objecting
- No or incomplete documentation of incidents, photos and witnesses.
- Failing to respect deadlines or reacting too late.
- Incorrect wording in written complaints or missing addressee details.
- Only communicating verbally instead of confirming in writing.
- Taking unilateral measures (e.g. shutting off heating) instead of lawful steps.
Mistakes in procedure often make claims unenforceable or lead courts to dismiss actions. Therefore pay attention to formal requirements and verifiable evidence.
How to object correctly: step by step
- Gather evidence: photos, date-time details, witness names and written notes.
- Draft a clear written complaint with specific demands (deadline for remedy, type of action).
- Set a reasonable deadline and state the next steps in case of no response.
- Notify management or landlord by registered mail or email with delivery confirmation.
- If unresolved, consider filing with the local court or mediation.
Forms and official documents
The following official documents and forms are relevant for tenants:
- Termination letter (template for timely termination) – use a written, dated letter with a handwritten signature; example: you terminate due to persistent unequal treatment after unsuccessful warnings.
- Application / lawsuit at the local court (civil claim or eviction suit) – if the landlord does not respond, a submission to the competent local court may be necessary; attach your evidence.
- Observe deadlines for rent reduction or objections to service charge statements – document defects and announce the planned reduction in writing.
Which specific forms are required depends on the federal state and the case; the local court provides information on procedure.[2]
Practical examples
Example 1: Neighbors are given priority for laundry room access. You document several incidents, inform the property manager in writing with a deadline for equal treatment and, if there is no response, involve the local court.
Example 2: The landlord delays repairs for you but fixes others quickly. You collect emails, photos and witnesses and demand repair in writing within 14 days; if not complied with, consider rent reduction or legal action.
Legal bases and courts
The main legal bases are in the BGB; procedural rules are in the ZPO. [1][3] Tenancy disputes are often first heard at the local court; higher instances include the regional court and the Federal Court of Justice.
FAQ
- What should I do if I feel treated unfairly?
- Document incidents, send a written complaint to the landlord or property manager and set a deadline for remedy; if there is no response, legal steps may follow.
- Can I reduce rent because of unequal treatment?
- Rent reduction is possible for impairment of usability, but unequal treatment alone only qualifies if there are concrete defects or reductions in living quality.
- Which court handles tenancy disputes?
- The local court usually handles first-instance cases; appeals go to the regional court and revision to the Federal Court of Justice.
How-To
- Collect all relevant evidence and prepare a timeline of incidents.
- Write a formal complaint with a deadline and send it to the landlord or management with proof of delivery.
- Observe the deadline and record any response or failure to act.
- If necessary, submit documents to the local court or consider mediation.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- Zivilprozessordnung (ZPO) – gesetze-im-internet.de
- Bundesgerichtshof (BGH) – bundesgerichtshof.de
