Recognizing and Challenging Excess Rent in Germany

Tenants in Germany sometimes face excessively high rent demands. This text explains in plain language how, as a tenant, you can recognize signs of excessive rent, which rights you have under tenancy law and which practical steps you can take. We cover typical indicators of excessive rent, how to use comparable apartments, which deadlines apply and which official forms and courts are involved. Examples show how to collect evidence and how to write a formal request to the landlord. This guide is practice-oriented: it names concrete actions you can start today and refers to the relevant statutory provisions and courts in Germany.^[1]

What is excessive rent?

Excessive rent occurs when the rent is in a particularly glaring disproportion to the landlord's performance and the landlord takes advantage of the tenant's situation. Relevant are comparable rents and the circumstances under which the contract was concluded. The legal basis can be found in the BGB on tenancy relationships and rent.

Typical indicators of excessive rent

• The demanded rent is significantly higher than comparable apartments in the same street or city.
• Missing or contradictory documents on operating costs, modernization surcharges or ancillary costs.
• The landlord demands additional fees or flat rates without a clear legal basis.
• The contract was concluded under pressure or in an emergency (e.g., short-term during a move due to termination).

Examples: How tenants challenge excessive rent

Example 1: You have documented three comparable apartments with significantly lower rents. Write to the landlord, name reference properties and demand a landlord statement or repayment of overpaid amounts.

Example 2: Your landlord demands a high flat rate for handover without a contractual point for it. Request written evidence and state that you will withhold payment if no justification is provided.

Which forms and courts are relevant?

Important official forms and authorities:

• Lawsuit form / justice forms – for civil suits such as eviction or claims at the local court; file a lawsuit at the competent Amtsgericht.^[2]
• Amtsgericht (local court) – first instance for most tenancy cases; the local court is the competent authority for legal disputes.
• Federal Court of Justice (BGH) – for legal questions of fundamental importance BGH decisions can serve as precedent.^[3]

Practical contesting steps

1. Collect documents: contracts, statements, photos and comparable listings.
2. Send a written request to the landlord: set a deadline for a response and demand evidence.
3. If no agreement: file a lawsuit at the local court or seek legal advice; submit all evidence.^[2]
4. Observe deadlines: monitor service and objection periods to preserve rights.

Common mistakes to avoid

• Only protesting verbally instead of taking documented written steps.
• Incomplete evidence collection or missing comparable apartments.

FAQ

When does a rent increase amount to excessive rent?

If the increase is disproportionate compared to the local rent index or similar apartments and consent was obtained by deception, it may be considered usury.

What deadlines apply when filing a lawsuit?

Deadlines depend on the matter; for civil claims general limitation periods and service deadlines under the ZPO apply. Act quickly and check deadlines with the local court.^[2]

Who finally decides whether excessive rent exists?

Courts decide based on evidence and comparable rents; in fundamental cases BGH decisions can be decisive.^[3]

How-To

1. Collect documents: contracts, statements, photos, comparable apartments.
2. Request the landlord in writing: set a deadline and demand evidence.
3. If no agreement: file a lawsuit at the local court or use legal advice.
4. Observe deadlines and keep records.

Help and Support

• BGB (Civil Code) — gesetze-im-internet.de
• Forms & Service — justiz.de
• Federal Court of Justice — bundesgerichtshof.de

1. [1] BGB (Civil Code) — gesetze-im-internet.de
2. [2] Justice Portal: Forms & Service — justiz.de
3. [3] Federal Court of Justice — bundesgerichtshof.de