Tenant Evidence: Disputing Overcharged Rent in Germany

Many tenants in Germany face the question of how to document and dispute an allegedly overcharged rent. This article explains step by step which documents are important, which deadlines apply and which official forms or courts may be involved. We show how to collect evidence, check the landlord's duties and correctly draft a formal complaint. You will also learn when rent reduction, repayment and legal action make sense and how the local court or higher instances become involved. The guidance is clear, neutral and tailored to the rules in Germany, including references to relevant laws and template forms. Practical examples and suggested wording are helpful.

What to do about overcharged rent?

First steps: Collect evidence such as leases, bank statements, listings of comparable apartments and photos of fixtures and defects. Check the landlord's duties under the BGB, in particular §§ 535–580a.^[1]

• Copy lease agreements and amendments.
• Record bank statements showing payments to the landlord.
• Document comparable offers and listings.

Formal complaint: Write a complaint letter with date, specific claim for reimbursement or correction of the rent and a deadline. Templates and guidance can be found at the Federal Ministry of Justice.^[3]

• Specify the exact period and the amount demanded.
• Set a reasonable deadline (e.g. 14 days).

If no agreement is reached, the local court (Amtsgericht) is your first instance for tenancy disputes.^[2] There you can claim repayment or file a declaratory action.

FAQ

How do I prove an overcharged rent?

With the lease, bank statements, comparable apartments and documentation of fixtures and defects.

What deadlines apply to a complaint?

Commonly a deadline of 14 to 30 days applies; specifics depend on the case.

Can I reduce rent while I file a complaint?

Rent reduction can apply for significant defects; for pure price discrepancies, seek repayment based on your evidence.

How-To

1. Gather evidence: contracts, photos, bank statements.
2. Draft the complaint letter and send by registered mail.
3. Set deadlines and record their observance.
4. If necessary, file a claim at the local court.

Key Takeaways

• Evidence is decisive.
• Observe deadlines strictly.

Help and Support

• BGB §§535–580a: Tenancy law
• Information on the local court (Amtsgericht)
• Federal Ministry of Justice – templates and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a
2. [2] Informationen zum Amtsgericht
3. [3] Bundesministerium der Justiz – Musterformulare und Hinweise