Tenants: Avoid Discrimination in Germany
As a tenant in Germany, you may have rights if you face discrimination because of your origin, but you may not always know the best steps to take. This guide explains in plain language typical mistakes tenants make — for example, missing documentation, late responses to landlord letters, or improper evidence preservation — and offers practical solutions. You will learn which forms and proofs matter, how to use a sample letter correctly, and when going to the local court (Amtsgericht) may be appropriate. The goal is to empower tenants, make procedures understandable in practice, and simplify a clear approach to documenting evidence.
What to do about discrimination?
If you believe you are being disadvantaged because of your origin, first check the facts and evidence. Landlord duties and tenancy law are regulated in the German Civil Code (BGB).[1] For court actions, the Code of Civil Procedure (ZPO) applies and many tenancy disputes are handled by local courts (Amtsgerichte).[2]
- Lack of documentation of incidents (evidence): Record date, time and content of each incident.
- Missing deadlines (deadline): Respond promptly to letters and set clear deadlines.
- Not using forms or sample letters (form): Use standardized templates to demand cessation or remedy.
- Failing to secure evidence (photo, record): Preserve photos, messages and witness statements immediately.
- Premature termination or moving out (move-out): Do not move out without advice if litigation is possible.
- Ignoring court procedures (court): Respond to lawsuits and requests to avoid disadvantages.
Record date and time for every incident; this strengthens your evidence.
Important forms include, for example: civil complaint forms for proceedings at the local court, written claim letters to the landlord (sample letters), and possibly reports to authorities. Official templates and guidance are available from judicial authorities and ministries.[3]
How-To
- Collect evidence (photo, evidence): Photos, messages, witnesses, and clear records of date and time.
- Send the landlord a written deadline with a sample letter (deadline): State the issue clearly and give a reasonable time frame, e.g. 14 days.
- If necessary, file a complaint at the local court (court) using the complaint form and supporting documents.
- Keep all records securely and maintain a clear log of appointments and communication.
Respond within specified deadlines; otherwise claims can expire.
Frequently Asked Questions
- What counts as discrimination because of origin?
- Discrimination includes any different treatment in the tenancy relationship based on origin, such as rejections, higher deposits, or worse contract terms.
- Which deadlines do I need to observe?
- Deadlines for objections, warnings or lawsuits are often short; set deadlines in writing and respond promptly.
- Do I need a lawyer?
- Not always. Sample letters and your own evidence collection often help; in lawsuits or complex cases legal advice is advisable.
Help and Support / Resources
- German Civil Code (BGB) §535 Landlord duties
- Federal Court of Justice (BGH) – Tenancy law decisions
- Federal Ministry of Justice – Information and forms
