Tenant Objection to Excessive Rent in Germany

As a tenant in Germany you can challenge an excessive rent by sending a formal objection to the landlord. This article explains step by step how tenants identify excessive demands, which documents and evidence are important, which deadlines apply and which official forms to use. It also describes how to address the competent local courts, when a rent reduction may be possible and what role the BGB plays^[1]. The aim is to make you feel more confident, understand your rights and know practical steps to reach a fair solution without unnecessary legal jargon. At the end you will find references to official forms and court contacts.

Identify and document

The first step is to check whether the requested rent exceeds the local comparison range. Compare listings for similar apartments and note date, provider and price. Photograph listings and save emails as PDFs.

It is also important to collect all receipts: lease, previous statements and correspondence with the landlord. Record when you made each payment.

Practical steps

• Gather evidence (evidence): lease, listings, photos, payment receipts.
• Write a written objection to the landlord (notice): date, exact claim, requested correction.
• Respect deadlines (deadline): give the landlord a reasonable period to respond.
• Use official forms where appropriate (form): use court-recommended templates for claims or applications if needed.
• If necessary: file a suit at the local court (court) and review procedures under the ZPO^[2].

When to seek rent reduction or sue?

A rent reduction is possible for defects in the dwelling; for disputes about excessive rent the focus is on correcting the charge. If the landlord is uncooperative, filing suit at the competent local court may be appropriate^[3]. Courts examine comparable rents, local averages and relevant case law.

Forms and templates

Relevant forms include, for example, a termination letter (BMJ sample) when ending the tenancy is necessary, and the local court's claim forms. Example: the "Termination Letter (BMJ sample)" is used when you need to terminate the lease; include date, contract details and reason and send by registered mail. Use the court's claim template if negotiations fail and you must enforce the claim in court.

FAQ

How should I react immediately to an excessive rent demand?

Write a clear written objection to the landlord, demand correction and set a deadline; collect evidence and check local comparable rents.

What deadline is reasonable?

A period of 14 to 30 days is common; for complex cases you can set a longer deadline and explain the reason in the objection.

What role does the BGB play?

The BGB regulates the rights and duties of tenants and landlords, for example in §§ 535–580a; it forms the legal basis for claims and defenses.

How-To

1. Draft the formal objection (notice): include date, exact amount claimed and attach evidence.
2. Organize evidence (evidence): gather lease, listings, payment records and photos.
3. Set a deadline (deadline): for example 14 days for the landlord to respond.
4. Seek contact (help): consult a tenants' association or legal advice if uncertain.
5. Consider court action (court): file suit at the local court if no agreement is possible.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Bundesministerium der Justiz (BMJ)
• Bundesgerichtshof (BGH)

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Justizportal — Informationen zu Gerichten und Zuständigkeiten