Tenants: Report Algorithm Bias in Germany
Many tenants in Germany today encounter decisions influenced by automated systems or landlord algorithms: selection for listings, automatic rent increases or credit checks. If you suspect a system disadvantaged you, it is important to know your rights as a tenant, how to secure evidence and which authorities or courts are responsible. This guide explains in practical terms when algorithm bias may exist, which evidence helps (such as comparison data, screenshots or pattern decisions) and how to prepare a complaint, an informal letter or, if necessary, a lawsuit. It is aimed specifically at tenants in Germany and names relevant laws, forms and judicial steps.
What is algorithm bias and when is it suspected?
Algorithm bias means an automated system treats people systematically worse because of data, parameters or faulty modeling. In rental decisions this can appear in automatic sorting of inquiries, price suggestions or credit checks. A mere suspicion is often insufficient; decisive are comparable cases and patterns showing systematic disadvantage. Statutory tenant claims are based on the provisions of the BGB, especially on landlord duties and defects.[1]
Which evidence helps?
- Screenshots of listings, error messages or rejections with date and time.
- Comparison data: identical inquiries with other profiles or addresses.
- Correspondence with landlord or platform, including emails and chat logs.
- Forms or automated messages that name criteria, scoring parameters or rejection reasons.
- Witness statements or statements from other affected persons proving comparable treatment.
When collecting documents, pay attention to timestamps, completeness and secure storage. Copies and local backups are important; platform data can change or be deleted.
Rights, deadlines and jurisdiction
As a tenant you generally have a right to informational transparency and to the fulfillment of the landlord's contractual duties (§§ 535–580a BGB).[1] For legal proceedings the Code of Civil Procedure applies; lawsuits for discrimination or breach of contract are filed at the competent local court (Amtsgericht), as tenancy disputes usually start at this level.[2]
Practical steps before a complaint or lawsuit
- Collect all evidence and create a chronological file.
- Request written information from the landlord or platform and demand correction or explanation.
- Use official sample letters or form templates for complaints or information requests.
- If no agreement is possible, prepare a lawsuit and file it at the local court; observe the requirements of the Code of Civil Procedure.[2]
Forms and official templates
For initial steps, informal complaint letters or information requests are suitable. The Federal Ministry provides sample forms and consumer guidance; such templates help meet deadlines and formalities.[3]
FAQ
- How do I recognize if an algorithm discriminates?
- Discrimination is usually recognizable only through patterns: repeated disadvantage despite equal conditions, documented by comparison examples and logs.
- Do I have to sue immediately if I suspect bias?
- No. Start with documentation and a request for information or correction; litigation is usually a last resort.
- Who is responsible for my lawsuit?
- In tenancy disputes the local district court is generally responsible; appeals go to the regional court and possibly the Federal Court of Justice.
How-To
- Collect evidence: screenshots, emails, comparison data and timestamps.
- Contact the landlord or platform in writing and request an explanation and correction.
- Use a sample form or an informal information request to obtain concrete data and reasons for decisions.
- If no agreement is reached, file a lawsuit at the competent local court and refer to your documentation.
Help and Support / Resources
- BMJ: sample forms and consumer guidance
- Gesetze im Internet: BGB and ZPO
- Federal Court of Justice: tenancy law decisions
