Tenants' Rights: Discrimination by Origin in Germany

Many tenants in Germany experience discrimination because of their origin without knowing which rights they have under tenancy law. This article explains in plain language what constitutes discrimination, which evidence you should collect and which official steps are possible — from a complaint to the landlord to filing a claim at the local court. You will learn which legal bases (e.g. BGB) are relevant, which forms and deadlines matter, and how Federal Court decisions are to be interpreted. Examples show practical wording for letters to landlords and authorities. The goal is that you as a tenant recognize your rights, secure documents systematically and act purposefully without unnecessary risk.

What to do as a tenant if discriminated against because of origin?

Discrimination because of origin can be hidden: rejections at viewings, different deposit requirements or unequal treatment in repairs. Under tenancy law, tenants have protections; the legal foundations include, among others, the BGB §§ 535–580a^[1]. If you suspect discrimination based on origin, it is important to calmly document, secure evidence and respond within deadlines.

Which evidence helps?

• Photos and screenshots (evidence) of listings, messages or contradictory statements.
• Correspondence with landlord or agent (evidence) such as emails or SMS.
• Witness statements or notes of conversations (evidence) with date and time.
• Payment receipts and listings of comparable flats (evidence) to document different treatment.

Forms, deadlines and authorities

A central contact point is the Federal Anti-Discrimination Agency; they provide guidance and contact options for reporting discrimination and offer support (Federal Anti-Discrimination Agency)^[2]. For court action, the local court (Amtsgericht) is responsible; information on filing claims and procedures can be found on the justice portal (Justiz portal)^[3]. Practical forms and examples:

• Template: Written demand to the landlord (notice) — Use a dated letter asking for an explanation and set a reasonable deadline (e.g. 14 days).
• Report to the Anti-Discrimination Agency (contact) — Describe the facts, attach evidence and request written confirmation of receipt.
• Claim at the local court (court) — If extrajudicial steps fail, a claim for injunction or damages may be necessary.

FAQ

Can my tenancy be terminated or contested because of my origin?

A termination by the landlord solely due to origin is unlawful; in serious cases you can consider legal steps and request an injunction.^[1]

Where can I report if the landlord discriminates?

Contact the Federal Anti-Discrimination Agency first for advice; afterwards, court action at the local court may be possible.^[2]

What deadlines do I need to observe?

Set a clear written deadline to the landlord (e.g. 14 days) for a response; statutory limitation periods apply to legal claims.

How-To

1. Collect evidence (evidence): Gather photos, messages and witness names with dates.
2. Inform the landlord in writing (notice): Send a dated letter describing the facts and set a deadline for a response.
3. Set a deadline (deadline): Give a clear deadline, e.g. 14 days, and document the delivery.
4. Get help (contact): Report the case to the Anti-Discrimination Agency and obtain free advice.
5. Consider court action (court): If necessary, file a claim at the local court or seek legal representation.

Help and Support

• Federal Anti-Discrimination Agency (contact)
• Gesetze im Internet – BGB and other laws (document)
• Justice portal – Info on local courts and procedures (court)

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1. [1] BGB §§ 535–580a — gesetze-im-internet.de
2. [2] Antidiskriminierungsstelle des Bundes — antidiskriminierungsstelle.de
3. [3] Justizportal — justiz.de