Tenants: Object to Excessive Rent Correctly in Germany
As a tenant in Germany you can write an objection if the demanded rent appears excessive. A precise, factual justification increases the chance that the landlord will correct it or that a court will reduce the payment obligation. This text explains when an objection makes sense, which evidence you should collect and how to meet deadlines. I explain the most important legal bases, practical wording for the letter and the correct approach in court or with tenant protection. The goal is that you as a tenant can react confidently, clearly and in accordance with the law — even in tight markets with high demand. Use the checklist before sending the objection.
When is an objection worthwhile?
An objection makes sense when the demanded rent is clearly above comparable apartment prices or when hidden costs were not explained. Check whether your lease and previous statements show inconsistencies. For questions of permissibility of a rent increase or suspicion of circumvention of rent control, a written objection is the first step.
Important legal bases
German tenancy law is regulated in the Civil Code (BGB), in particular regarding landlord and tenant obligations and rent increases (e.g. §§ 535–580a).[1] Disputes about rent level and terminations are usually heard at the local court (Amtsgericht); higher instances are the regional court (Landgericht) and, in exceptional cases, the Federal Court of Justice.[2]
Which formulations help?
Write clearly, factually and dated. State the landlord's specific claim, explain why it seems excessive, and request a written statement or correction by a specific deadline.
- Set a deadline of 14 days for a response.
- Ask the landlord to show the calculation or comparison values.
- Request access to statements or proofs of operating costs.
Evidence and proofs: what to collect?
Collect documents that support your claim. Without evidence an objection is less effective.
- Copies of the lease agreement and previous statements.
- Apartment ads, comparable offerings or price benchmarks.
- Photos, expert reports or defect evidence if the rent is justified by improvements or condition.
Practice: sample structure of an objection
A simple template contains date, names, address, clear subject line, specific claim, evidence, deadline and the request for a written statement. Name precise figures and references.
- Subject: "Objection to rent increase / Request to review rent claim".
- Facts: Brief description of the claim and the differences to comparable rents.
- Deadline: "Please provide a written response by DD.MM.YYYY (14 days)".
What to do if the landlord does not respond?
If no agreement is reached, you can contact a conciliation body or consider filing a claim at the competent local court. Collect and organize all documents before initiating proceedings.
Frequently Asked Questions
- Can I withhold rent immediately?
- Withholding rent is risky; check the legal situation carefully and seek advice before stopping payments.
- Do I have to deliver the objection in person?
- A written objection by registered mail or a letter with receipt confirmation is recommended to have proof.
- What deadlines apply for a lawsuit?
- Different deadlines apply for tenancy claims; act promptly and observe limitation rules.
How-To
- Gather all relevant documents: lease, statements, ads and photos.
- Draft the objection in writing with a clear deadline (for example 14 days).
- Send the objection and document the dispatch (registered mail or proof of receipt).
- If the landlord does not respond or the answer is insufficient, consider conciliation or filing a claim at the local court.
Help and Support / Resources
- BGB §§535–580a (gesetze-im-internet.de)
- Federal Court of Justice (bundesgerichtshof.de)
- Federal Ministry of Justice – Forms (bmj.de)
