Challenge Excessive Rent in Germany for Tenants
Many tenants in Germany find that the landlord increases the rent or charges an excessive rent from the start. Without a lawyer you can challenge an excessive rent if you systematically check, collect evidence and observe deadlines. This guide explains in plain language which rights are set out in the BGB, which documents are relevant, how to write a formal complaint and what role the local court can play. You will find practical template tips for letters, concrete deadlines and notes on official forms so that you can assert your claims confidently and cost-effectively.
What is a complaint about excessive rent?
A complaint is the written notification to the landlord that the demanded rent is, in your opinion, too high. Legal bases are the provisions of tenancy law in the Bürgerliches Gesetzbuch (BGB) and procedural rules in the Zivilprozessordnung (ZPO)[1][2]. If landlords demand a rent increase, you can check the comparable rent and, if necessary, object within the stated deadline.
What tenants should check first
- Check the lease and the agreed rent, including clauses on step increases or index rent (rent).
- Compare the local customary rent using local rent tables where available and collect comparable apartments (evidence).
- Document all payment receipts, bank statements and correspondence with the landlord (evidence).
- Draft a written complaint with date, concrete reasoning and a deadline for response (notice).
Steps if no agreement is reached
If the landlord does not respond or rejects the complaint, you can consider filing a lawsuit at the competent local court in your city. The local court is the first instance for many tenancy disputes; higher instances are the regional court and the Federal Court of Justice (BGH)[3]. Pay attention to deadlines for objection and filing a lawsuit.
FAQ
- What exactly must be included in a written complaint?
- The complaint should include the date, specific identification of the disputed rent item, reasoning with comparative evidence and a reasonable deadline for a response.
- Do I necessarily need a lawyer?
- No, many complaints can be enforced without a lawyer if you assemble evidence correctly and meet deadlines; however, legal advice can help.
- How much time do I have to file a complaint?
- There is no uniform deadline for every situation; however, set a reasonable deadline (e.g. 14–30 days) and observe statutory procedural deadlines.
How-To
- Check the lease, including step increases or index clauses.
- Collect evidence: rent tables, adverts, photos and payment proofs.
- Write the complaint: date, exact details, reasons, deadline.
- Send the complaint by registered mail or with delivery proof and note the posting date.
- Follow up by phone or in writing, document every reply and try to reach an agreement.
- If no agreement: file suit at the local court or seek advice for court proceedings.
Help and Support
- Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
- Zivilprozessordnung (ZPO) - Gesetze im Internet
- Bundesgerichtshof (BGH) - Official site
