Tenant Check: Report Discrimination in Germany
As a tenant in Germany you often face decisions that affect your tenancy. Before signing a lease or responding to property ads, it is worth knowing common mistakes: unclear wording, missing information on utility billing, or discriminatory phrasing in advertisements. This guide explains in plain language how to recognize discrimination, file a formal report and use a simple template letter to protect your rights. It also shows which official authorities and courts are responsible, which laws matter and which deadlines you should observe. The aim is to give you concrete steps so you can act safely and informed. Read the practical examples and templates to take prompt action.
Rights on discrimination and before signing
In Germany tenants are protected by civil law rules and the General Equal Treatment Act. Duties and rights from the tenancy arise from the German Civil Code (BGB) for rental contracts[1]. Discrimination in adverts or during allocation can fall under the General Equal Treatment Act (AGG); those affected can file a complaint or consider civil action[2]. Eviction lawsuits and court procedures follow the rules of the Code of Civil Procedure (ZPO)[3], while legal practice is often reviewed by higher courts[4].
Typical mistakes before signing
- Unclear statements about rent or utilities that later lead to additional claims.
- Missing or unclear agreements on the deposit and its return.
- Wording in adverts that exclude or disadvantage certain groups.
- No agreement on condition and defects of the apartment at handover.
- Agreeing too quickly to verbal side agreements without written confirmation.
Reporting discriminatory adverts & template letter
If you notice a discriminatory ad, document the text, save screenshots and note date and source. For a formal complaint, contact the Federal Anti-Discrimination Agency; they provide information and contact channels for advice[5]. You can also notify the landlord or the platform in writing and consider civil action.
Example of a short template letter to a platform or landlord:
- Dear Sir or Madam, I refer to the listing dated [date] for the apartment in [location]. The ad contains wording that excludes certain groups. Please review and remove the listing. Sincerely, [Your Name]
What to do if escalation or legal dispute occurs
If landlords do not respond or discrimination continues, the following steps may be useful:
- Collect all evidence: screenshots, messages, emails and payment receipts.
- Seek advice from an official body or tenants' association and clarify deadlines.
- Consider a written complaint or lawsuit at the competent local court (procedures follow the ZPO)[3].
FAQ
- Who is responsible for complaints about discrimination?
- The Federal Anti-Discrimination Agency offers advice and informs about complaint routes; in some cases civil action is possible.[5]
- Which laws protect tenants in tenancy relationships?
- Key rules are in the German Civil Code (BGB) on tenancy relationships and additionally the AGG for discrimination.[1][2]
- Do I have to hire a lawyer for court?
- In many local court proceedings parties can represent themselves, but legal advice is advisable, especially for complex claims.
How-To
- Document the listing immediately with date and screenshot.
- Send a factual template letter to the landlord or platform.
- Contact the Federal Anti-Discrimination Agency for advice and next steps.[5]
- If necessary, prepare evidence for a claim or complaint at the local court.[3]
Help and Support / Resources
- Federal Anti-Discrimination Agency
- German Civil Code (BGB) – Gesetze im Internet
- General Equal Treatment Act (AGG) – Gesetze im Internet
- Federal Court of Justice (BGH)
