Equal Treatment at Viewings: Tenants in Germany
As a tenant in Germany, you often face important questions during apartment viewings: Are applicants treated fairly, or is there discrimination? This text explains in clear language which rights tenants have, when landlords may lawfully conduct viewings and how to document if disadvantage occurs. You will find concrete action steps for reporting discrimination, notes on relevant laws such as the BGB and on the competence of local courts, as well as sample forms and official agencies that can help. The guide is aimed at tenants without legal knowledge and gives practical tips so you can assert your interests confidently at viewings in German cities. If necessary, we also explain how to file a complaint with the local district court or the anti-discrimination office.
What tenants need to know
At apartment viewings landlords may consider general selection criteria (e.g., creditworthiness), but not personal characteristics such as origin, religion, gender or disability. These rules follow from the general duties in tenancy law under the German Civil Code (BGB)[1]. If you suspect you were disadvantaged due to personal traits, systematic documentation is key: record date, time, names of witnesses and exact statements.
When does disadvantage count as discrimination?
- Selection criteria refer to origin, skin color or religion.
- Questions or comments targeting marital status, pregnancy or disability.
- Unequal treatment despite comparable creditworthiness or references.
Concrete on-site steps
If you are discriminated against during a viewing, proceed step by step: collect evidence, note witnesses, politely object if appropriate and summarize the situation in writing. Use the Federal Anti-Discrimination Agency for advice and reporting.[4]
Forms and templates
- Termination letter (sample): Example wordings for timely termination can be found in official legal sources and guidance documents.
- Application for legal aid / court fees assistance: If you need legal help, inform yourself early about applications at the district court.
- Documentation template: Collect photos, messages and witness names in a chronological list.
For legal action, the Civil Procedure Code (ZPO) governs lawsuits and eviction claims.[2]
Where to file a complaint? Jurisdiction
Tenancy disputes, including claims for damages or eviction actions, are heard by district courts; appeals go to regional courts, and the Federal Court of Justice decides on precedent-setting issues.[3]
FAQ
- Can a landlord reject applicants based on origin or religion?
- No. Such characteristics must not be used as selection criteria. Document incidents and contact official advisory services.
- What deadlines apply to challenge a decision?
- Deadlines depend on the procedure; for court action the rules of the ZPO apply. Seek early advice to avoid missing deadlines.
- Where can I turn if I was discriminated against?
- The Federal Anti-Discrimination Agency offers advice; for legal steps the local district court can assist.
How-To
- Collect evidence: photos, messages, witness names and exact timestamps.
- Observe deadlines: note deadlines for complaints or possible lawsuits.
- Complete forms: prepare a written complaint and, if needed, a lawsuit form.
- Contact official bodies: the Anti-Discrimination Agency and your local district court for next steps.
- File a lawsuit if necessary: the district court is the first instance for tenancy disputes.
Key Takeaways
- Document promptly to preserve evidence.
- Personal characteristics must not influence selection decisions.
Help and Support
- Federal Anti-Discrimination Agency
- German Civil Code (BGB) - Legal Text
- Federal Court of Justice (BGH)
