Equal Treatment at Viewings: Tenant Rights Germany
Many tenants experience unequal treatment during apartment viewings. In Germany, tenants have clear rights against discrimination and can act within specific deadlines. This article explains how to recognise unfair treatment, secure evidence, which official forms and authorities are relevant, and when going to the local court makes sense. We list useful steps, sample letters and show how the General Act on Equal Treatment and tenancy law in the BGB can be applied. You will also learn which template letters authorities accept, how to collect photos and messages as evidence, and which deadlines to observe so that your actions remain effective in court.
How can tenants recognise discrimination at viewings?
Discrimination often appears as wording or behaviour that excludes certain groups. Pay attention to patterns, not only single remarks. Record date, time, people involved and the exact wording in writing.
- Open cancellations or derogatory comments towards applicants of particular origin or religion.
- Unfair demands for access or personal documents without justification.
- Requests for documents or proofs that lack legal basis.
Deadlines and securing evidence
Act quickly: deadlines for legal steps are short. Secure evidence such as photos, chats, e‑mails, witness statements and visit logs. Exact dates and documents are decisive when reviewing legal claims.
- Record times and appointments (deadline) immediately after each viewing.
- Collect photos and written statements as evidence.
- Prepare written complaints or template letters and send them by registered mail.
Forms and official authorities
There is no single mandatory complaint form for every case. Relevant legal bases include tenancy law in the BGB[1] and the General Act on Equal Treatment (AGG)[2]. For court action, rules in the Code of Civil Procedure (ZPO)[3] apply. Practical steps include sending an informal complaint to the landlord, considering a report to the Antidiscrimination Agency, or filing a claim at the local court.
Template forms and examples
- Complaint template to the landlord (not an official mandatory form): short incident description, date, and request to cease the behaviour.
- Claim or complaint at the local court (civil claim under § 253 ZPO), including date, legal basis and evidence list.
- Report and advisory contact at the Federal Antidiscrimination Agency for administrative options.
Procedure for court action
If extrajudicial steps fail, you can file a claim at the competent local court. Judges review evidence and can order compensation or injunctions. Observe witness procedures and formal requirements for complaints.
- Jurisdiction: local court (Amtsgericht) for many tenancy disputes.
- Courts typically require a structured complaint and a list of evidence.
- Observe procedural deadlines (deadline) and request extensions in time.
Frequently Asked Questions
- Which laws protect tenants from discrimination?
- The General Act on Equal Treatment (AGG) and tenancy law in the BGB are primary protections; complaints may be brought before the local court.[2][1]
- How do I secure evidence correctly?
- Collect dates, photos, e‑mails, chat logs and witness statements; keep everything unchanged and create a chronological overview.
- When is it sensible to go to court?
- If the landlord does not respond, discrimination persists, or damages occurred, consider a claim at the local court; check advice and costs first.
How-To
- Immediately note all details of the viewing (deadline) and gather evidence.
- Send a written complaint to the landlord with a deadline for remedy.
- Optionally report the incident to the Antidiscrimination Agency and get advice.
- If necessary, prepare a complaint for the local court or have it reviewed by a lawyer.
- Use advisory services and contact local legal counselling before submitting to court.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- General Act on Equal Treatment (AGG) – gesetze-im-internet.de
- Federal Antidiscrimination Agency – antidiskriminierungsstelle.de