Tenants: Rights & Deadlines for Algorithm Bias in Germany

Many tenants in German large cities notice only late that digital pre-decisions—such as in housing applications, rent adjustments or service charge statements—are influenced by algorithms. This article explains which documents you should collect, which deadlines apply and which authorities or courts you can request information from or file complaints with. I show simple documentation steps, how to formally request information under data protection law and when an objection or lawsuit may be appropriate. The goal is to make tenant rights in Germany practically usable: understandable, with examples and direct references to official laws, courts and sample forms so that you can have algorithmic errors corrected or limit their effects. Read on for concrete templates, deadlines and steps to enforce your rights.

Which documents you should collect

Before filing a complaint or requesting information, collect all relevant evidence. Complete documentation makes every step more effective.

• Tenancy agreement (document) – original and all amendments
• Correspondence with landlord or platforms (evidence) – e‑mails, SMS, chat logs
• Rejection screenshots from housing portals (photo) – show date and user ID
• Service charge statements and receipts (receipt) – yearly statement and itemized proofs
• Bank statements for rent payments (record) – proof of payment
• Measurement data (e.g. heating data) or other logs (record) – if relevant for automated decisions

Important deadlines and timeframes

Deadlines are crucial: data protection and civil steps have tight windows. Check deadlines immediately after the event and document sending and receipt dates.

• Right of access under Art. 15 GDPR (within 1 month)^[2] – standard reply time is one month
• Objection to service charge statements: review within 12 months after receipt (checkable under BGB)^[1]
• Termination notice periods of the landlord under §§ 535–580a BGB for eviction actions should be observed^[1]
• Court procedures follow deadlines in the Code of Civil Procedure (ZPO), e.g. filing deadlines for lawsuits^[3]

Forms, templates and practical examples

For many steps there are standard templates: an access request letter, an objection to a service charge statement or filing a claim at the local court. Send important letters by registered mail with return receipt when you need proof.

• Access request under Art. 15 GDPR (template): briefly state which data you want and since when; deadline: 1 month. Example: "I hereby request access to the personal data stored about me that led to the decision regarding my housing application."^[2]
• Objection to service charge statement: indicate date, exact item and attach evidence; request correction or refund.
• Lawsuit / eviction protection: if escalated, file at the local court; observe ZPO rules and local court jurisdiction^[3]

What to consider legally

Tenancy law in Germany is regulated in the BGB. Rights from the tenancy agreement and landlord duties are found in §§ 535–580a BGB, for example regarding maintenance and notice periods^[1]. Data protection (GDPR) also applies to algorithmic decisions: you can request access, rectification or deletion and lodge complaints with the data protection authority.^[2]

If an automated system affects you negatively, document the decision, request information about the criteria and ask for correction. Send complaints to the landlord in writing first; if unsuccessful, consider court action. You can also consult case law from the Federal Court of Justice for precedent.^[4]

FAQ

What can I do if an algorithm disadvantages me in housing applications?

Collect evidence (screenshots, communication), request access under Art. 15 GDPR and file an objection or complaint with the data protection authority if necessary.

What is the deadline for an access request?

The GDPR generally provides a one‑month response period; in complex cases this may be extended once.

Which court should I turn to for tenancy disputes?

Tenancy disputes are initially heard by the competent local court; higher instances include regional courts and the Federal Court of Justice.

How-To

1. Collect all relevant documents immediately (tenancy agreement, messages, screenshots, statements).
2. Draft and send an access request under Art. 15 GDPR by registered mail to the data controller.
3. Contact the landlord in writing requesting correction with a clear deadline.
4. If there is no response: file a complaint with the competent data protection authority and seek legal advice.
5. If necessary, file a lawsuit at the competent local court; observe procedural rules.

Help & Support / Resources

• BGB §§ 535–580a — gesetze-im-internet.de
• Datenschutz: bfdi.bund.de
• BGH — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Bundesbeauftragter für den Datenschutz und die Informationsfreiheit — bfdi.bund.de
3. [3] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
4. [4] Bundesgerichtshof (BGH) — bundesgerichtshof.de