Report Discriminatory Ad – Tenants in Germany
Many tenants in Germany encounter housing ads that exclude certain applicants or list criteria that appear discriminatory. This guide explains in plain language when an ad may violate the General Equal Treatment Act or best practices, what advantages and risks reporting it may involve, and practical steps you as a tenant or student can take. You will receive a checklist, a template letter for students and guidance on the responsible authorities and courts. The goal is to make you able to act: document, report and—if necessary—prepare legal steps. The language is accessible, examples are practical and sources are official so you can act safely and informed in Germany.
Why report discriminatory ads?
Discriminatory housing ads can exclude people because of origin, gender, family status, religion, age or other characteristics. As a tenant you have an interest in fair rental markets and clear rules. Reporting can help protect other applicants and expose misconduct by advertisers. At the same time, reporting can involve effort and conflict risks; therefore it is worth weighing the chances of success.
Pros & cons of filing a report
- Pro: Protects other applicants and may lead to sanctions against discriminatory advertisers.
- Pro: Creates precedents and raises awareness in the rental market.
- Con: Time investment and potential backlash from the advertiser.
- Con: No guarantee of immediate remedy; court actions may follow.
Legal basis and competent authorities
Relevant legal foundations are in the German Civil Code (BGB), especially rental contracts and landlord duties, and procedural rules in the Code of Civil Procedure (ZPO) for court claims. [1] If an ad uses explicit exclusion criteria, the Federal Anti-Discrimination Agency is a point of contact for information and advice. [2]
Practical steps before reporting
- Document: Save a screenshot of the ad plus date, time and platform.
- Collect: Secure emails, messages and application documents.
- Check: Examine the wording for discriminatory criteria.
- Advise: Contact official bodies for guidance if unsure (see resources).
How to report a discriminatory ad
You can use different channels depending on the platform: the platform's report feature, a direct complaint to the advertiser, a report to the Federal Anti-Discrimination Agency or—if legally relevant—a civil claim at the local court. If a criminal aspect is possible (e.g. incitement), contact the police. Early documentation helps if you later pursue legal remedies or an injunction.
Template letter for students
Below is a template letter for students who wish to report a discriminatory ad or request a clarification. Adjust names, addresses and dates as needed.
Sender:
First Last
Street and number
Postal code City
Recipient:
Advertiser / Landlord
Platform / Company
Subject: Request for clarification regarding housing ad dated [date]
Dear Sir or Madam,
I refer to your housing ad dated [date] on the platform [name]. The ad states: "[quote]". This wording appears to exclude applicants with [e.g. family status / origin / age] and seems discriminatory. Please provide a brief statement by [date, e.g. within 14 days]. If the wording is not corrected, I reserve the right to forward the matter to the Federal Anti-Discrimination Agency and to consider legal action.
Sincerely,
[Your name]
What happens if the case escalates?
If out-of-court resolution fails, a civil claim may be considered. Local courts (Amtsgerichte) typically handle tenancy disputes; for higher values cases go to regional courts and possibly to the Federal Court of Justice on appeal. [3] Before suing, consider costs, deadlines and prospects with legal counsel or advisory services.
FAQ
- When is a housing ad discriminatory?
- When it explicitly or effectively excludes certain groups or names unlawful selection criteria that violate equal treatment principles.
- Where should I report a discriminatory ad first?
- First to the platform or advertiser; next steps include the Federal Anti-Discrimination Agency or legal advice.
- Do I need a lawyer to achieve results?
- Not always. Many matters are resolved informally, but for complex or repeated breaches legal support is advisable.
How-To
- Capture a screenshot and note the ad date.
- Report to the platform and ask the advertiser for a statement.
- Contact the Federal Anti-Discrimination Agency if needed.
- Seek legal advice and consider court action if necessary.
Help and Support / Resources
- BGB §§ 535–580a (Tenancy law) – Gesetze im Internet
- ZPO – Code of Civil Procedure – Gesetze im Internet
- Federal Anti-Discrimination Agency – Official website