Challenge Excessive Rent: Tenant Checklist Germany

As a tenant in Germany, excessive rent can mean financial strain and uncertainty. This checklist shows step by step how to prepare and challenge a complaint about excessive rent: which deadlines apply, which documents and photos are helpful, which official forms can be used and when going to the local court is sensible. We explain terms from the BGB, name the responsible authorities and provide practical sample wordings for a complaint letter. The guide is aimed at first-time tenants and existing tenants alike and helps to make decisions factually, meet deadlines and improve the chances of success in reducing or reclaiming rent.

Legal basis

Your claim is primarily governed by the provisions of the German Civil Code (BGB), in particular regarding the landlord's obligations and rent reduction for defects.^[1]

When and why to complain?

A complaint about excessive rent is a formal notification to the landlord in which you describe the excessive demand and request correction or reimbursement. Complaints can also increase the chances of the landlord agreeing out of court.

Important deadlines

• Send the complaint promptly after discovering the error (within a few weeks).
• Response period from the landlord: usually 14–30 days.
• Secure evidence immediately so deadlines are not missed.

Collecting evidence

Gather all relevant documents to prove the excessive rent and document the history.

• Lease agreement and previous rent statements for comparison.
• Bank statements showing rent payments and possible overpayments.
• Photos or logs if there are errors in service charge statements.
• Witness statements or written communication with the landlord.

Forms and templates

There is no single official state "complaint" form, but for court proceedings there are standard forms and rules in the Code of Civil Procedure; use clear, dated documents and send them by registered mail or in person. Practical example: a complaint letter can include: rental property, period, exact amounts, comparison values, the claimed refund amount and a 14-day deadline.^[3]

FAQ

Can I reclaim rent I paid in excess?

Yes, if the rent was demonstrably excessive you can claim reimbursement; successful enforcement often depends on deadlines and proper documentation.

Do I have to hire a lawyer first?

No, many issues can be resolved out of court with a clear complaint letter and evidence; for larger amounts or complex legal questions, legal advice is advisable.

Which court hears a rent dispute?

Rent disputes at first instance are heard by the local court (Amtsgericht); appeals go to the regional court (Landgericht) and possibly the Federal Court of Justice (BGH).^[2]

How-To

1. Draft a dated complaint letter or use a template that states facts, amounts and the demanded remedy.
2. Deliver the complaint by registered mail with return receipt or hand it over against a receipt.
3. Collect evidence: lease, bank statements, photos, invoices and written messages.
4. Contact advisory offices or tenant support services for guidance.
5. If no agreement is reached, prepare a claim at the local court and submit the documents.
6. For appeals, consider regional courts and the Federal Court of Justice and assess costs and prospects.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Zivilprozessordnung (ZPO) – gesetze-im-internet.de
• Bundesgerichtshof (BGH) – bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) – bundesgerichtshof.de