Evidence for Discriminatory Rental Ads in Germany
Many tenants in Germany encounter rental ads that exclude or disadvantage certain groups. If you suspect an ad is discriminatory, careful evidence and a clear approach help: collect ad screenshots, timestamps, messages with landlords or agents, witness statements and all payment records. This article explains which documents matter, which deadlines you must observe and how to secure evidence so it can be used in court or by authorities. It also explains which official bodies and forms are relevant and how to prepare a criminal complaint, a complaint under the AGG or a lawsuit at the local court. The language is deliberately simple so non-legal readers can act immediately.
Which evidence to collect?
Concrete evidence increases your chances of proving discriminatory conduct. Collect systematically and save immutable copies (e.g., PDF exports or screenshots) with timestamps.
- Screenshots of the ad (document) with full text, platform, username and date.
- Timestamps, photo metadata and browser info (time) to anchor the timing.
- Correspondence: emails, SMS or messenger messages (form) with inquiries and replies.
- Witness statements and contact details of people who saw the ad (evidence).
- Payment records, deposit receipts or booking confirmations if payments were requested (rent).
Deadlines and prompt action
Act quickly: deletions, edits or lack of response can create evidence gaps. Note when you secured ads and when you contacted people.
- Secure ads immediately and note date and time (time).
- Deadlines for civil actions follow the ZPO; get information early (time).
How to use evidence?
Arrange evidence chronologically, keep original files and create a simple index with short descriptions, dates and sources. Store copies in at least two locations (local and cloud).
Official forms and authorities
Depending on your objective you can choose different paths: criminal complaint at the police, complaint to the Federal Anti-Discrimination Agency, or civil action at the local court. For discrimination based on characteristics like origin, gender or religion the AGG is relevant and the Anti-Discrimination Agency provides guidance.
Practical examples:
- Criminal complaint at the police: if the ad contains criminal content, assemble a complete document folder and file the complaint at your local police station.
- Complaint to the Anti-Discrimination Agency: report the incident, attach evidence and describe the situation briefly.
- Civil action at the local court: for injunctions or damages you may need to sue; the local court is typically competent.
Legal bases often referred to include relevant provisions of the BGB, the ZPO and the AGG.[1][2][3]
FAQ
- What should I do first if I find a discriminatory ad?
- Document the ad immediately with a screenshot, note date/time and save the file immutably.
- Can I have an ad removed?
- Platforms have their own rules; simultaneously secure evidence and consider filing a complaint with the platform and possibly the Anti-Discrimination Agency.
- Which court has jurisdiction?
- For civil claims against a landlord or advertiser the local court is usually competent; appeals go to the regional court.
How-To
- Secure all screenshots and original messages immediately (document).
- Note all relevant deadlines and act within a short timeframe (time).
- File a complaint with the Anti-Discrimination Agency or a criminal complaint if necessary (form).
- Prepare a lawsuit and submit evidence at the local court if out-of-court remedies fail (court).
Help and Support / Resources
- Federal Anti-Discrimination Agency
- Civil Code (BGB) – gesetze-im-internet.de
- Federal Ministry of Justice (BMJ)
