Challenging Excess Rent: Tenant Strategies in Germany

Challenging Excess Rent — Step by Step

As a tenant in Germany you should prepare a systematic complaint before considering legal action. Start with a clear statement why the requested rent is excessive and which sections of tenancy law are relevant (BGB §§ 535–580a)^[1].

Collect evidence and documentation

Gather all documents that support your claim.

• Photos of damage, room sizes and the apartment condition
• Copy of the lease and previous rent increases
• Bank statements, payment receipts and utility bills
• Comparable rents, e.g. rent index or listings

Write the formal complaint

There is no nationwide official form for a complaint; usually an informal written letter with a concrete demand and deadline is sufficient. State clearly the allegedly excessive amount and explain your reasoning.

• Name the concrete claim and the relevant period
• Set a deadline by which the landlord should respond
• Attach or refer to your evidence

Deadlines and the landlord's response

If the landlord does not respond or rejects the complaint, check deadlines for objection and possible next steps^[2].

• Determine common deadlines for objections or corrections
• Decide whether to pay now, pay under protest, or withhold payment
• Contact the landlord first and request an extension if needed

If it goes to court

If a lawsuit follows, the local court (Amtsgericht) is usually the first instance^[3]; civil procedure rules (ZPO)^[2] govern the process and later decisions by the Federal Court (BGH) may create precedent^[4].

• File a claim at the competent local court
• Present and document evidence systematically
• Observe deadlines and submit documents on time

Frequently Asked Questions

How long do I have to challenge an excessive rent?

You should act promptly; specific deadlines may arise from the lease and civil law practice.

Do I have to keep paying while the complaint is pending?

Often you should continue to pay, possibly under reservation; with significant defects rent reduction may be possible.

When is the local court competent?

Most rental disputes are heard first at the local court; higher instances handle appeals and revisions.

How-To

1. Collect evidence completely and arrange it chronologically
2. Formulate the complaint in writing and set a deadline
3. Contact the landlord and clarify open questions
4. Monitor deadlines and respond if necessary
5. If suing: prepare documents and file at the local court

Help and Support / Resources

• BGB §§ 535–580a: Civil Code
• Justice Portal: Local Courts
• Federal Court (BGH): Decisions and Information

1. [1] BGB §§ 535–580a — Gesetze im Internet
2. [2] ZPO — Civil Procedure Code
3. [3] Local Courts — Justice Portal
4. [4] Federal Court (BGH)