Report Algorithmic Bias: Tenants' Rights in Germany

As a tenant in Germany, you may be affected when automated decisions about housing allocation, rent increases, or credit checks are made with algorithmic distortions. Algorithmic bias means a system treats certain groups worse—for example in scoring or automated rejections. In such cases, clear steps help: collect evidence, request information from the landlord or provider, and report suspicion on time to the competent authorities. This guide explains what rights tenants have, which official forms exist, how to write to the landlord and when going to the local court makes sense. The guidance is practical and tailored to German tenancy law.

What to do about algorithmic bias?

If you suspect an algorithm is affecting your chances as a tenant, first document every relevant incident. Note date, time, people involved, screenshots and emails. These records are important for information requests and later legal proceedings. ^[3]

• Collect all relevant documents and screenshots as evidence.
• Request written information from the landlord or platform (information request under Art. 15 GDPR).
• Contact the competent state data protection authority or the Federal Commissioner for Data Protection if the information remains incomplete.

Which laws and courts apply?

Your tenancy claims follow the German Civil Code (BGB), in particular the provisions on landlord duties and defect rights.^[1] Local disputes are usually heard at the local court (Amtsgericht); higher legal questions are decided by the regional court (Landgericht) or the Federal Court of Justice (BGH).^[2]

FAQ

What is algorithmic bias?

Algorithmic bias occurs when automated systems systematically disadvantage certain groups, for example in credit checks or scoring.

When should I involve the local court?

If out-of-court steps fail and it is about enforcing rights or eviction claims, the local court (Amtsgericht) is responsible.

Which authorities can I notify?

Depending on the case: the state data protection authority, the Federal Commissioner for Data Protection, or the Anti-Discrimination Office.

How-To

1. Gather evidence: Create a chronological file with emails, screenshots and payment receipts.
2. Request information: Send a formal information request under Art. 15 GDPR to the landlord or platform.
3. File a complaint: Submit a formal complaint to the state data protection authority or the federal office if the information remains unclear.^[3]
4. Legal action: If necessary, prepare a lawsuit and file it at the local court; use template complaint letters and supporting evidence.

Help and Support

• Federal Commissioner for Data Protection and Freedom of Information (BfDI)
• Laws on the Internet (BGB, ZPO)
• Federal Court of Justice (BGH) – Decisions

1. [1] German Civil Code (BGB) – Full text
2. [2] Code of Civil Procedure (ZPO) – Full text
3. [3] Federal Commissioner for Data Protection and Freedom of Information (BfDI)