Tenant Rights & Discrimination in Germany
Many tenants in German cities now face automated decision systems, for example during apartment applications or credit checks. If you suspect discrimination or algorithmic bias, it is important to act in a structured way: document incidents, collect evidence, submit forms within deadlines and, if necessary, contact the competent authorities or courts. This guide explains which rights apply under the BGB[1], which steps you can take immediately and which template letters are useful in Germany. It is aimed at tenants without legal knowledge and shows step by step how to file a complaint, observe deadlines and store evidence securely. With practical templates, deadline notes and tips for going to the local court, this text supports your secure handling of possible legal violations.
What to do about algorithmic bias and possible discrimination
First: collect evidence. Examples include emails, application responses, screenshots of rejection reasons or different treatment in evaluation reports. Create a chronological list of all incidents and note dates, times and persons involved.
Immediate actions
- Collect evidence: photos, emails, screenshots and notes of conversations (evidence).
- Set deadlines: ask the landlord for a written response within a clear timeframe (deadline).
- Write a formal complaint: use a template letter and request a concrete reply (form).
- Request practical remedies: demand corrective checks or actions to remove disadvantages (repair).
Forms and templates
For legal steps tenants usually need several standardized forms. Three important examples:
- Application for legal aid (PKH) (application) – used if you cannot afford lawyer fees; example: you want to defend against an eviction and apply for PKH at the competent local court.
- Complaint form / statement of claim under the ZPO (form) – required if you seek a court decision about defects or discrimination; example: you file a suit alleging discrimination and attach evidence.
- Power of attorney for a lawyer (form) – authorizes a representative to act for you; example: you authorize legal counsel to submit documents to the local court.
Courts and jurisdiction
Most civil tenancy disputes are handled by the local court (Amtsgericht); higher-value cases go to the regional court (Landgericht), and appeals may reach the Federal Court of Justice. Information on procedures is found in the Code of Civil Procedure (ZPO)[2].
Practical legal steps: example
Example: You suspect an automated scoring system systematically ranks single parents lower. Recommended steps: (1) document all rejections and responses, (2) send a formal letter to the landlord with a deadline, (3) secure evidence and consider legal aid (PKH), (4) if no resolution, consider filing a claim at the local court. The German Civil Code regulates landlord duties and defect rights in §§ 535–580a of the BGB[1].
FAQ
- How do I spot algorithmic bias in housing allocation?
- Look for recurring patterns, different reasons for rejections and missing transparent criteria; collect comparable cases as evidence.
- Which laws protect tenants against discrimination?
- Mainly the tenancy rules in the BGB and procedural rules in the ZPO; additional protective provisions may apply in cases of discrimination.
- When should I take legal action?
- If landlords do not cooperate, deadlines are missed or serious disadvantages occur, seek advice and consider applications such as legal aid (PKH).
How-To
- Gather evidence (evidence): save emails, screenshots and notes of conversations.
- Set a deadline (deadline): send a template letter with a clear deadline, e.g. 14 days.
- Prepare forms / applications (application): prepare PKH forms or a statement of claim and attach evidence.
- File at court (court): if no agreement is reached, file a claim at the competent local court.
Help and Support / Resources
- Gesetze im Internet: BGB §§ 535–580a
- Gesetze im Internet: ZPO
- Federal Court of Justice: decisions and guidance
