Report Discriminatory Rental Ads in Germany
Tenants in Germany sometimes find rental ads that exclude or prefer people based on origin, religion, gender, disability, or family status. Such wording may violate the General Equal Treatment Act (AGG) and should not be ignored. This article explains in clear language when an ad is discriminatory, what evidence helps, and which authorities you can contact to file a complaint. It outlines concrete steps, which forms or reports may be used and how to meet deadlines so your rights under tenancy law are preserved. If unsure, official agencies and the local court (Amtsgericht) can provide assistance.
What counts as a discriminatory rental ad?
An ad is discriminatory when it explicitly or implicitly excludes or prefers certain groups, for example phrases like "only German tenants" or "no children wanted". Such criteria can be unlawful under the AGG if they concern protected characteristics[1]. Photos or categories that systematically exclude groups also qualify.
Legal basis and responsibilities
The main anti-discrimination law is the General Equal Treatment Act (AGG); in parallel, the German Civil Code (BGB) governs landlord and tenant duties (§§ 535–580a BGB) in rental relationships[1][2]. For individual rights violations you can file a complaint with the Federal Anti-Discrimination Agency or consider civil action at the local court. In serious cases, a criminal complaint to the police may be appropriate.
Which forms and templates should tenants use?
There is no single nationwide form for every complaint, but the Federal Anti-Discrimination Agency offers advice and template recommendations. For civil claims, courts use standardized complaint forms or filings at the Amtsgericht; for criminal matters you can submit a written report to the police. Always include date, exact ad wording, screenshots and witness information.
Gathering evidence: what to save
- Screenshot or photo of the ad with date and platform.
- Contact log with timestamps and names of contacts.
- Witness statements or written confirmations from third parties.
When to go to the Amtsgericht or higher courts?
If you seek injunctions, damages, or judicial clarification, the Amtsgericht handles tenant disputes as the first instance. Decisions can be appealed to the Landgericht and, in certain cases, to the Federal Court of Justice (BGH)[3]. The Code of Civil Procedure (ZPO) sets deadlines and procedures.
How-To
- Observe deadlines: note date and time when you first found the ad.
- Collect evidence: secure screenshots, profile pages and witness statements.
- Contact the Federal Anti-Discrimination Agency or use their advisory services.
- File a written complaint or criminal report if necessary; attach all evidence.
- For civil claims: file a lawsuit at the local court and observe court deadlines.
FAQ
- When is a rental ad clearly unlawful?
- When it contains explicit exclusions or preferences based on protected characteristics such as origin, religion, disability or gender; such cases often fall under the AGG and can be reported.[1]
- Can a landlord openly seek certain tenants?
- Landlords may set requirements for creditworthiness or pets, but they may not impose criteria that systematically discriminate against protected groups; otherwise legal actions under BGB and AGG are possible.[2]
- Where should I turn first?
- The Federal Anti-Discrimination Agency provides advice; for potential criminal content contact the police; civil claims are handled by the local court (Amtsgericht).[3]
Help and Support / Resources
- Federal Anti-Discrimination Agency (Antidiskriminierungsstelle)
- General Equal Treatment Act (AGG) - gesetze-im-internet.de
- Federal Court of Justice (BGH)