Spotting Rent Gouging: Tenant Tips in Germany

Many tenants in Germany face pressure in tight housing markets when landlords demand unusually high rent increases. This guide explains in plain language how you as a tenant can spot rent gouging, which common mistakes to avoid and which evidence will help you enforce your rights. I describe practical steps: which documents to collect, how to check rent increases, when to review the rent cap or BGB rules^[1] and how to meet deadlines. The goal is to prepare you for possible legal steps such as objection, mediation or lawsuit and to show where to find official help and forms. This way you keep control of your housing costs and avoid preventable mistakes.

What is rent gouging?

Rent gouging refers to a particularly excessive rent level that is significantly above local comparable rents in practice and may violate § 138 BGB and general tenancy law principles.^[1] Whether a specific case qualifies as rent gouging depends on comparable rents, the local market situation and the exact amount.

Common tenant mistakes

• Not checking a rent increase (rent): Many accept a written rent increase without checking the local comparable rent.
• Not collecting evidence (evidence): Missing tenancy agreements, bank statements or comparison offers weaken later objections.
• Missing deadlines (deadline): Written objections or responses are often submitted too late.
• Not responding in writing (notice): Verbal complaints are hard to use legally if there is no written record.
• Ignoring repairs (repair): Technical defects and missing documentation on maintenance can weaken your negotiation position.
• Paying without checking legal options (court): Payments made without review prevent later claims for reimbursement.

Collecting evidence and deadlines

Collect the tenancy agreement, handover protocols, bank statements showing rent payments, correspondence with the landlord, and photos or screenshots of listings. Also include comparable rents from local rent indexes or expert reports. If a court dispute arises, the rules of civil procedure apply; therefore, pay attention early to service and filing deadlines.^[2]

Forms, courts and authorities

Formal steps often do not require special templates, but there are standardized procedures: a lawsuit is filed at the competent local court (most tenancy matters start at the Amtsgericht), appeals go to the Landgericht and important precedents are decided by the Federal Court of Justice.^[3] For those in need there is the application for legal aid (PKH); many local courts provide forms or guidance on their websites.

FAQ

What counts as rent gouging?

Rent gouging occurs when the rent significantly exceeds the local comparable rent; assessment is based on local comparables, market situation and legal limits.

Which deadlines matter?

Important are deadlines for objections to rent increases, deadlines from payment demands and service deadlines under the civil procedure rules; do not miss deadlines.

Which court should I contact for a lawsuit?

Civil disputes typically start at the local court (Amtsgericht); appeals go to the regional court (Landgericht) and a revision may be possible at the Federal Court of Justice (BGH).

How-To

1. Check the local comparable rent (rent) using rent indexes or listings.
2. Collect evidence (evidence): tenancy agreement, bank statements, correspondence and listings.
3. Contact the landlord in writing (notice) and request a justification for the increase.
4. Check deadlines and, if necessary, file a lawsuit at the local court (court).
5. Consider legal aid or advisory services if financial resources are limited.

Help and Support / Resources

• Gesetze im Internet: BGB § 535 and related provisions
• Federal Ministry of Justice and Consumer Protection (BMJ)
• Federal Court of Justice (BGH)

1. [1] BGB §535 Landlord duties — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de