Equal Treatment at Viewings: Tenants in Germany 2025
Why documentation matters
Documentation creates traceability. Under the German Civil Code (BGB) §§ 535–580a the rights and duties of landlord and tenant are regulated [1]. If you consider legal action, the procedural rules of the Code of Civil Procedure (ZPO) apply [2] and lawsuits are heard in the first instance at the local court (Amtsgericht) [3].
Common mistakes at viewings
- No or incomplete documentation of questions, answers and observations.
- Not noting deadlines and appointments and failing to remedy missed deadlines.
- Failing to contact witnesses or record their contact details.
How to document incidents correctly
Use photos, timestamps and witness details; keep emails and messages. Relevant official forms include complaint templates and claim forms available from judicial authorities [4].
- Take photos and short videos of the conversation and the property surroundings.
- Record the date, time, duration of the viewing and all questions asked in writing.
- Note witnesses with names and contact details and ask for a short written confirmation.
- Save important messages and offers by email and document correspondence by registered mail.
What to do if you suspect discrimination
First: seek a conversation, insist on factual clarification and request a written statement. If the landlord does not respond or ignores the allegations, send a formal complaint with a deadline. If there is still no response, you can file a lawsuit at the competent local court under the rules of the ZPO [2][3].
- Send a written complaint to the landlord with documented facts and a deadline.
- If there is no response, file a claim at the competent local court and attach copies of all evidence.
FAQ
- What counts as discrimination at viewings?
- Discrimination includes improper questions or disadvantages due to origin, religion, gender, disability or marital status; document concrete examples and witnesses.
- Which evidence matters most?
- Photos, exact date and time entries, written exchanges (emails, SMS) and witness statements are especially persuasive.
- Who should I contact first?
- First contact the landlord; if that does not help, contact the competent local court or legal advice to help you file a claim.
How-To
- Collect evidence immediately: photos, notes and witnesses.
- Send a formal complaint by registered mail to the landlord and set a clear deadline.
- If there is no response, file a claim at the competent local court and enclose copies of all evidence.
- Keep deadlines in mind and respond promptly to summonses.
Key takeaways
- Good documentation is often decisive for success in tenancy disputes.
- Send formal complaints in writing and with proof of receipt.
- Strictly observe deadlines and appointments.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
- Zivilprozessordnung (ZPO) — Gesetze im Internet
- Forms and services — Justizportal