Tenant Rights for Discriminatory Ads in Germany
Many tenants in Germany's big cities encounter housing ads that exclude or disadvantage certain groups. Such wording can violate the General Equal Treatment Act (AGG) and tenancy principles. This article explains in plain language what discriminatory ads are, which rights tenants in Germany have and how to secure evidence. You will get practical steps for reporting, a sample complaint text and guidance on deadlines and competent courts. The aim is to make you able to act so that discriminatory practices can be corrected — clear, concrete and with links to official legal texts.
What counts as a discriminatory ad?
Discriminatory ads include explicit exclusions or hidden phrases that disadvantage people because of origin, religion, gender, disability, age or sexual identity. Such formulations can be unlawful and impair tenants' rights. Indirect exclusions are also problematic if they systematically exclude certain groups.
Immediate steps for tenants
- Observe deadlines: report the ad in writing within 14 days.
- Collect evidence: save screenshots, photos and messages.
- Report to the platform or landlord: use the platform form or contact support.
- Contact authorities or tenant association for help.
How to file a formal complaint
A formal complaint should briefly name the ad, quote the problematic wording, give date and platform and attach evidence. State which disadvantage occurred and request correction or deletion. Use the platform's reporting system or write to the landlord.
Sample complaint text
Dear Sir or Madam, in your ad of [date] the following wording appears: "[quote]". This wording discriminates against persons because of [characteristic]. Please correct or remove the ad by [date]. Attached are screenshots as evidence.
Key forms and procedures
- Complaint to the platform operator: use the platform's reporting form or support contact.
- Complaint to the competent authority: inform the public order office or equality office.
- Legal action: possibly file a lawsuit at the local court or submit an application under procedural law.
Tenancy law issues are governed by §§ 535–580a of the BGB.[1] Decisions by the Federal Court of Justice can create important precedents.[2] Procedural rules and filing requirements are found in the ZPO and at the local courts.[3]
When is a lawsuit appropriate?
A lawsuit may be appropriate if the ad is not corrected and you suffered a concrete disadvantage (e.g. lost a housing opportunity). Before suing, consider costs, chances of success and alternatives such as mediation or contacting oversight authorities.
FAQ
- What is the first step for a discriminatory ad?
- Save photos/screenshots, document the ad and inform the platform operator and landlord in writing.
- Can I send a warning letter?
- Yes, a warning or request for a statement can be useful; a template helps with phrasing.
- Which court handles lawsuits?
- Tenancy disputes are usually heard at the local court (Amtsgericht); higher instances are the regional court and the Federal Court of Justice (BGH).
How-To
- Secure all evidence immediately (screenshots, photos, messages).
- Report the ad in writing to the platform and request correction.
- Inform the competent authority or equality office if necessary.
- Consider legal steps after consulting advice or the local court.
Key takeaways
- Documentation increases your chances of correction or success in court.
- Respond quickly to preserve rights and meet deadlines.
- Use official reporting channels and authorities for support.
