Tenant Errors on Equal Treatment in Germany 2025

Many tenants in Germany experience subtle or overt unequal treatment in their building but do not know how to respond correctly. This article explains in plain language which mistakes tenants commonly make, how to assert rights under the BGB^[1] and which deadlines and forms are important. I show practically how to document complaints in writing, which officials and courts to contact and when a rent reduction or a lawsuit at the Amtsgericht^[4] makes sense. You will learn how photos, correspondence and witnesses serve as evidence, when a lawyer or legal advice is appropriate and how court proceedings under the ZPO^[2] can proceed. Official links and sample forms are listed so you can meet court deadlines and effectively protect your rights.

What is equal treatment in a tenancy?

Equal treatment means landlords must not treat tenants arbitrarily differently, for example regarding access to communal areas, use of laundries or allocation of parking spaces. Discrimination on grounds such as origin, religion, gender or disability is prohibited and can be challenged legally.

Common tenant mistakes

• Lack of documentation: only complain verbally and do not secure photos or dates.
• Missing deadlines: failing to meet repair or court deadlines.
• Poor wording: no formal defect notice or no clear deadline in the letter.
• Payment handling: rent reductions (Mietminderung) or withholding without legal basis.
• Not filing in time: failing to inform a lawyer or the court and missing deadlines.
• Ignoring repairs: not proving that a deadline for repair was set for the landlord.

How to complain correctly (steps for tenants)

1. Gather evidence: photos, exact times and witness names.
2. Send a written defect notice: letter or email with date, description and deadline.
3. Set a deadline: name a clear grace period and document it.
4. If the deadline passes: document rent reduction (Mietminderung) and check legal basis under the BGB.
5. Consider legal action: file a claim at the Amtsgericht; observe proceedings under the ZPO^[2].

Forms and templates

There are no uniform nationwide tenancy forms, but relevant templates include termination letters or defect reports. Use formal letters with date, precise description, deadline and a request for confirmation of receipt. For court steps follow guidance from judicial authorities^[4] and the applicable provisions in the BGB^[1].

When is the Amtsgericht competent, when the Landgericht or BGH?

Tenancy disputes usually start at the Amtsgericht^[4]. Appeals go to the Landgericht, and fundamental legal questions are decided by the Bundesgerichtshof^[3]. Different courts can be responsible depending on the claim value and procedure.

FAQ

What counts as unequal treatment in the building?

Unequal treatment includes different access rules, unequal allocation of parking spaces, unequal use of communal areas or disadvantage because of origin, religion, gender or disability.

How do I document an incident?

Document date and time, take photos, save SMS/emails, note witnesses and save all communication with the landlord.

Which deadlines are important?

Important deadlines concern setting a grace period for repairs, deadlines for rent reduction and filing claims under the provisions of the BGB and the ZPO.

How-To

1. Collect evidence: secure photos and witness names.
2. Send a written defect notice: include date and deadline.
3. Set and record a deadline.
4. Check rent reduction and document it if justified.
5. File a claim at the Amtsgericht or seek legal advice if needed.

Help and Support / Resources

• help: BGB - German Civil Code (gesetze-im-internet.de)
• court: Federal Court of Justice - decisions (bundesgerichtshof.de)
• forms: Information on courts and forms (bundesjustizamt.de)

1. [1] BGB §535 – Landlord duties (gesetze-im-internet.de)
2. [2] ZPO – Code of Civil Procedure (gesetze-im-internet.de)
3. [3] Federal Court of Justice – decisions (bundesgerichtshof.de)
4. [4] Federal Office of Justice – information on courts and forms (bundesjustizamt.de)