Tenant Rights Check: Discrimination by Origin in Germany

Many students and other tenants in Germany face the question of whether they can be disadvantaged because of their origin. This article explains in plain language what to check before signing, which clauses can be problematic and what rights tenants have under tenancy law and the General Equal Treatment Act. You will receive practical steps: how to collect evidence, draft a template letter to the landlord and when to seek help from the local court or the Federal Anti-Discrimination Agency. The goal is that you can decide safely and informed before signing the lease, and know how to enforce your rights in Germany. Concretely.

Check before signing

Read the rental agreement completely and check duties and rights (e.g., BGB)^[1]. Pay attention to wording that excludes applicants by origin, nationality or language; this is often covered by the General Equal Treatment Act (AGG)^[2].

Also check how contact, viewings and move-in deadlines are regulated. Note questions and answers in writing or by email so you have evidence later.

• Clarify deadlines for move-in and viewings (deadline)
• Deposit: check amount, refund and payment terms (deposit)
• Defects, heating or water: clarify rules on repairs and maintenance (repair)
• Secure evidence: systematically store photos, listings and emails (evidence)
• Check additional agreements and forms, especially on subletting or house rules (form)

Template letter for students

A short template letter can help to address discrimination. Example text (short): "Dear landlord, during the application process I was asked about / rejected because of my origin. I request a written explanation and set a 14-day deadline for a response. If no plausible explanation is provided, I will contact the Anti-Discrimination Agency and seek legal advice." For advice and reporting see the Federal Anti-Discrimination Agency.

Frequently Asked Questions

What counts as discrimination in housing ads?

If applicants are disadvantaged because of origin, nationality or language – for example by explicit exclusions in ads or different selection criteria – this often conflicts with the AGG.^[2]

What rights do I have as a tenant against discrimination?

You can first collect evidence, write to the landlord (template letter) and contact the Anti-Discrimination Agency or advisory centers; to enforce claims, court action at the local court may be possible.^[3]

When should I involve the local court?

If the landlord does not respond or claims exist (e.g., injunction, damages), a lawsuit at the competent local court may be appropriate; check deadlines and costs beforehand.^[1]

How-To

1. Collect evidence: systematically save photos, listings and emails (evidence).
2. Draft the template letter with a clear deadline of e.g. 14 days (deadline).
3. Send the letter by registered mail or email with read receipt (notice).
4. Document every response: time, names and content of conversations (record).
5. If there is no response: seek advice and consider court action at the local court (court).

Help and Support / Resources

• Federal Anti-Discrimination Agency (contact)
• Laws in the Internet: BGB §§ 535–580a (contact)
• Justice Portal: information on local courts (contact)

1. [1] Civil Code §§ 535–580a - BGB (gesetze-im-internet.de)
2. [2] General Equal Treatment Act - AGG (gesetze-im-internet.de)
3. [3] Jurisdiction of local courts - Justice Portal (justiz.de)