Tenant Rights in Germany: Discrimination by Origin

As a tenant in Germany you may experience discrimination because of origin, for example during viewings, lease offers or service charge statements. This guide explains in simple steps how to recognise disadvantage, secure evidence and assert correction or compensation within deadlines. I describe the landlord's duties under tenancy law, how to use official forms and when a court may become involved. You will get practical action steps, advice on deadlines and a short overview of the competent authorities so you can strengthen your rights and respond more confidently. The aim is that you, as a tenant, are informed and know how to defend yourself effectively against discrimination.

What to do if you face discrimination because of origin?

First determine whether an action is really based on origin or has other causes. Typical examples are refusals at viewings without reason or different contract terms for different applicants. Note the date, time and participants and secure messages, e-mails and photos as evidence.^[1]

First steps

• Document incidents with date, time and names.
• Request a written explanation from the landlord or agency.
• Observe deadlines for objections or complaints.
• If it concerns defects: report them immediately in writing.
• Seek legal advice from an official office or district legal advisory service.

Rights and legal basis

German tenancy law regulates duties and rights in the rental relationship and offers approaches against disadvantage.^[1] For court proceedings and eviction claims, the rules of the Code of Civil Procedure apply.^[2] The local court (Amtsgericht) is usually responsible for initial tenancy decisions; higher courts are the regional courts and the Federal Court of Justice.^[3]

Important forms and templates

• Termination letter (template from the Federal Ministry of Justice) – for unlawful terminations.
• Defect notice / rent reduction letter – when the apartment has defects.
• Objection letter – for discriminatory notices or offers.

FAQ

Can a landlord refuse me an apartment because of my origin?

No, a refusal based solely on your origin is unlawful. Check reasons, document the case and request an explanation.

Which deadlines must I observe?

Act quickly: there are short deadlines for defect notices and objections. Note deadlines immediately and act within them.

When should I go to court?

If landlords do not respond or do not recognise claims, a lawsuit or an application at the local court may be necessary.

How-To

1. Document the incident: date, time, names, photos, messages.
2. Object or report defects in writing; use template letters.
3. Obtain official advice (advisory centres, local court).
4. Observe deadlines and keep evidence secure.
5. If necessary: file a claim at the local court or seek legal representation.

Key Takeaways

• Documentation increases your chances in disputes.
• Deadlines are binding and must be respected.

Help and Support

• Federal Ministry of Justice
• Gesetze im Internet
• Federal Court of Justice

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Entscheidungen des Bundesgerichtshofs — bundesgerichtshof.de