Tenant Rights Germany: Discrimination by Origin

Many tenants in Germany experience discrimination because of their origin, often subtly during viewings, rental agreements or utility arrangements. This guide helps tenants avoid common mistakes: incomplete documentation, delayed responses or incorrect wording in letters. I explain in plain language which evidence matters, which deadlines apply and when going to the local court (Amtsgericht) can be useful. I also list official forms and practical examples for students and other tenants so you can enforce your rights under German tenancy law. The goal is to make you able to act and to resolve conflicts quickly, safely and with legal certainty. I provide a step-by-step guide to securing evidence, notes on deadlines in the BGB^[1] and ZPO^[2], and examples of how students can document discrimination.

What to do if you are discriminated against

Stay factual: note exact times, involved persons and concrete statements. Set deadlines in writing and request a response from the landlord.

• Collect evidence (evidence): document photos, messages, listings and witness names.
• Send a written request (notice): inform the landlord by letter or e-mail and set a deadline.
• Seek advice (contact): contact advisory services or local legal aid, especially for student issues.
• Consider court action (court): if out-of-court resolution fails, consider filing suit at the competent local court.

Official forms

Complaint form of the Federal Anti-Discrimination Agency: For cases of discrimination under the AGG you can use the complaint or advisory service of the Federal Anti-Discrimination Agency; the form is used for a formal report and to initiate advice.^[3] Example: Students repeatedly excluded from viewings fill out the complaint form and attach copies of listings and e-mail communication.

Claim form / filing a claim at the local court: For civil claims (e.g. injunction, damages) the claim must be filed at the competent local court; the Code of Civil Procedure regulates deadlines and formal requirements. Example: If the landlord does not respond despite requests, a claim can seek a declaration or damages.

Termination protection & response letter: In cases where a termination involves a discrimination aspect, a written response letter with a deadline helps; relevant termination rules are found in the BGB.

FAQ

How do I prove discrimination because of origin?

Document every communication, save listings, take photos and note witness names and times. Collect written requests and the landlord's replies.

Which deadlines must I observe?

Observe deadlines set in your demand letters; for court actions the rules of the ZPO and the respective limitation periods under the BGB apply.

When should I sue instead of negotiate?

If the landlord does not respond or offers no reasonable solution, and your evidence is sufficient, filing a claim at the local court is an option.

How-To

1. Secure evidence: photos, e-mails and note witnesses (evidence).
2. Send a written request and set a deadline (notice).
3. Contact advisory services or legal aid (contact).
4. If necessary, file a claim at the local court (court).
5. Document outcomes and monitor deadlines (success).

Help and Support / Resources

• Federal Anti-Discrimination Agency - Advice and Complaints
• Civil Code (BGB) - Gesetze im Internet
• Code of Civil Procedure (ZPO) - Gesetze im Internet

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Antidiskriminierungsstelle des Bundes - Beratung und Beschwerde