Tenant challenge: contesting high rent in Germany

As a tenant in Germany, it can be frustrating and unclear how to react when the rent appears excessive or was calculated incorrectly at signing. This practical guide explains in plain language what tenant rights exist, how to contest an excessive rent, which deadlines and pieces of evidence matter, and which formal steps may be necessary with the landlord or at the local court. You will find concrete sample wordings for letters, notes on modernization surcharges and tips for collecting documents such as rental agreements, comparable apartments and move-in reports. The goal is that you can confidently decide when negotiation is sufficient and when a legal review is advisable.

When to contest the rent?

You should contest the rent if the demanded amount is clearly above the local comparable value or contractual information is missing. A written objection makes your claim verifiable and documents the time of complaint.^[1]

Which deadlines apply?

Deadlines depend on the circumstances: for obvious errors a prompt objection is recommended; for hidden defects the discovery date matters. In payment disputes or claims for repayment additional procedural deadlines apply.

• You should submit the objection in writing within 2 months of discovery.
• In case of payment default the landlord may send reminders, followed by time-bound measures.
• For court actions the filing deadlines at the competent local court apply.

Gather evidence

Good evidence is decisive: comparative offers, earlier advertisements, photos and payment receipts show whether the rent is excessive. Note dates and any conversations with the landlord.

• Photos of listings and the apartment condition at move-in.
• Copies of the rental contract, utility bills and payment receipts.
• Written statements from neighbors or witnesses as supporting documentation.

Formal objection and sample texts

Write the objection clearly and factually, state the contested amount, briefly justify with evidence and request a correction deadline. For legal disputes, filing requirements under the Code of Civil Procedure (ZPO) should be considered.^[2]

Sample text: "Dear landlord, I hereby object to the excessive rent for the apartment at Example Street 1, 12345 Town. According to comparable offers and the rent index, the customary rent is X €. Please correct the claim within 14 days. If no agreement is reached, I reserve the right to take legal action."

FAQ

When may I contest the rent?

If the requested rent is clearly above the local comparable value or contractual information is missing, you should object in writing and collect evidence.

Do I lose rights if I do not sue immediately?

No, a formal objection is often sufficient; however, deadlines for evidence and responses should be observed.

Who decides in disputes?

Generally, the local court (Amtsgericht) decides tenancy disputes, appeals go to the regional court and precedents are set at the Federal Court of Justice (BGH).^[3]

How-To

1. Collect evidence: rental contract, listings, payment receipts and photos.
2. Draft a written objection and send it by registered mail or other verifiable delivery.
3. Set a reasonable deadline (e.g. 14 days) for correction.
4. If necessary, file a claim at the competent local court or seek legal advice.^[4]

Help and Support / Resources

• BGB – Gesetze im Internet
• ZPO – Gesetze im Internet
• Federal Court of Justice (BGH)

1. [1] Civil Code (BGB) — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de
4. [4] Justice Portal of the Federation and the Länder — justiz.de