Equal Treatment for Tenants in Germany
Tenants in Germany often face questions about equal treatment in their building: how to react to differential treatment by property management, what rights exist for unfair rules and when template letters help? This article explains clearly which duties landlords have, which protections tenants enjoy under the BGB and how you can systematically collect evidence, respect deadlines and draft formal letters correctly. The goal is to secure fair treatment legally without unnecessary escalation. The guidance is practical, cites relevant laws and authorities and shows concrete steps from complaint to a possible lawsuit before the local court. Forms and templates are explained, including practical examples and tips for securing evidence.
Why equal treatment matters
Equal treatment in housing protects people from arbitrary disadvantage and preserves coexistence. Tenancy law in the BGB regulates central landlord obligations, such as maintenance and protection against discriminatory house rules.[1] If rules are applied differently to individual tenants, tenants can object and prepare formal steps.
Rights and duties of tenants and landlords
Landlords must maintain the rented property and cannot arbitrarily disadvantage individual tenants (see §§ 535–538 BGB). In disputes over measures or terminations, civil procedural rules and proceedings before the local court are relevant; legal steps follow the ZPO.[2] Decisions by higher courts, especially the BGH, can serve as guidance in legal clarification.[4]
Typical disputes
- Preferential treatment of certain neighbors regarding community rules.
- Unequal enforcement of house rules or access regulations.
- Different application of renovation or cleaning obligations.
Template letters & practical samples
A clear written template helps document issues and trigger deadlines. Use a formal structure: date, recipient, facts, requested remedy, deadline and warning about legal steps. Short example (template):
Place, Date
Landlord / Property Management
Subject: Complaint about unequal treatment and request for equal application of house rules
Dear Sir or Madam, I hereby inform you that on [date] the house rules were applied to me differently than to other tenants. I request a written explanation and elimination of the unequal treatment by [deadline, e.g. 14 days]. If no clarification occurs by then, I reserve the right to take legal action.
How-To
- Document the incident immediately and collect evidence such as photos, witness statements and messages.
- Send a template letter to the property management with a concrete deadline and request for equal treatment.
- Request a written response and record all received replies.
- If no agreement is reached, consider filing a complaint with the local court or seeking legal advice.
- Prepare a file for a possible lawsuit with all letters, photos and witness information.
FAQ
- When is different treatment unlawful?
- Different treatment is unlawful if it occurs without an objective reason or violates contractual agreements and equal treatment principles. Check whether the landlord has a legitimate interest.
- What deadlines must I observe?
- Set a reasonable deadline in your letter (usually 14 days) for a response or remedy; court deadlines follow the ZPO.[2]
- Can I manage without a lawyer?
- Many cases can be resolved with good documentation and formal letters. For complex terminations or eviction matters, legal advice is recommended; the local court handles tenancy disputes.
Help and Support
- Information on tenancy law (BGB)
- Code of Civil Procedure (ZPO)
- Federal Court of Justice (BGH) - decisions
