Tenant: Challenge Excessive Rent in Germany

As a tenant in Germany, it is important to know how to react if the rent appears to be excessive. This guide clearly explains what rights you have, which steps a complaint includes and what deadlines and evidence should look like. I show in practical terms how to draft a letter to the landlord, which documents to collect and when going to the local court (Amtsgericht) makes sense. The information refers to applicable German law and names relevant statutes and authorities so you can represent your interests effectively and securely in 2025. You will also find notes on forms, on applying for legal aid and on presenting evidence in court, plus a short FAQ, concrete action steps and links to official bodies.

What does a "complaint about excessive rent" mean?

A complaint about excessive rent means that you as a tenant inform the landlord in writing that you consider the demanded rent to be too high and may not pay it (in full) until the matter is resolved. In many cases, rent reduction or reimbursement of overpaid amounts is governed by the Civil Code provisions on defects and rent reduction^[1]. It is important that the complaint is factual, dated and supported by evidence.

Steps and evidence

Practical order so your complaint holds up and you meet deadlines:

• Collect documents: lease, recent invoices, payment receipts, comparable flats and photos as evidence.
• Draft the written complaint: date, specific amount, reasons and request for a response within a clear deadline.
• Set deadlines: commonly 14 to 30 days for remedy or response; document everything.
• Contact and advice: seek early advice from counselling services or a lawyer if the landlord does not respond.
• Court action: if necessary, file a lawsuit or seek a declaratory judgment under civil procedure rules^[2].

Forms and authorities

Important forms commonly relevant in practice:

• Claim form / Statement of claim (written claim under §253 ZPO): used when the dispute goes to court; check the local court requirements beforehand.
• Application for legal aid (PKH application): if you cannot afford court costs, apply for legal aid at the competent court.

Courts and jurisdiction

For tenancy disputes, the local court (Amtsgericht) is usually responsible in the first instance; for higher values or appeals the regional court (Landgericht) and ultimately the Federal Court of Justice (Bundesgerichtshof, BGH) may be involved. Make sure to check deadlines and formal requirements for a claim and to present evidence in an organized manner. The Code of Civil Procedure sets out the exact requirements for the statement of claim and service.

FAQ

What can I do if the landlord ignores the complaint?

If the landlord does not respond, document the evidence, set a reasonable deadline and seek legal advice; as a last resort, filing a claim at the local court is possible.

Do I have to continue paying the full rent?

Once you have asserted a justified complaint and possibly a rent reduction, you should document communications and payment steps; if uncertain, continuing payments is usually recommended until legal advice is obtained to avoid risks.

Which documents are most important?

Lease, payment receipts, current ads/comparable rents and photos or expert reports that can demonstrate an excessive rent.

How-To

1. Collect evidence: lease, bank statements, photos and comparable offers.
2. Write the complaint: state reasons, amount and set a deadline (e.g. 14 days).
3. Monitor deadlines: document responses and send reminders if necessary.
4. Seek advice: contact tenant counselling or a lawyer to assess chances of success.
5. Seek court resolution: file at the local court under the Civil Procedure Code if no out-of-court agreement is reached.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions

1. [1] §536 BGB — Rent reduction
2. [2] §253 ZPO — Statement of claim