Tenant Guide: Contest Excessive Rent in Germany

As a tenant in Germany, you can object to an excessive rent demand and, if necessary, challenge it. This practical guide explains clearly when an objection is appropriate, which evidence is important and how to use template forms in practice. We describe deadlines, common mistakes and concrete phrasing for an objection, show simple example cases and name the authorities and courts that decide rental disputes. The guidance is aimed at tenants without legal expertise and contains step-by-step tips so you can effectively assert your rights. Use the examples as orientation, adapt dates and amounts to your individual case and always keep copies of all documents.

When can tenants object to excessive rent?

An objection is appropriate when the requested rent is significantly above the local comparable rate or obvious errors exist in the operating cost statement. Typical cases include:

• The comparative rent appears clearly too high compared to comparable apartments.
• Incorrect operating cost statement or unclear items.
• Landlord provides no legally sound evidence for increases.

Legal foundations

Foundations are in the German Civil Code (BGB) and the Code of Civil Procedure (ZPO). For tenancy relationships, the provisions on landlord duties and rent are particularly relevant.^[1] In court proceedings, the ZPO is decisive for lawsuits and eviction actions.^[2]

Practical steps to object to excessive rent

Proceed practically from collecting evidence to possible litigation:

1. Collect rental contracts, recent statements, advertisements for comparable apartments and photos.
2. Draft a clear written objection with date, amount and reasoning.
3. Send the objection by registered mail or an accepted electronic message and note deadlines.
4. Contact advisory centers or the local court if the landlord does not respond.

Example: Sample objection

A short example for wording: "I hereby object to the rent increase of [date] in the amount of [amount], because the requested rent exceeds the local comparable rent. As evidence I enclose comparable offers and the latest operating cost statement. Please confirm the correction in writing or justify the increase within 14 days."

Contest and legal steps

If an amicable solution is not possible, tenants can file a lawsuit at the competent local court. The complaint must contain the facts, claims and evidence; the procedure follows the ZPO.^[2]

Which forms and templates are needed?

Important templates include, for example, a sample objection or a complaint in accordance with the requirements of the ZPO. In the letter, state all relevant data (rental contract number, period, amounts) and attach evidence. A practical example: an objection can state which comparable offers (address, price per square meter) serve as evidence and set a deadline for a response.^[3]

FAQ

Can I withhold rent if I send an objection?

A right of retention only exists within narrow legal limits; if in doubt, tenants should seek advice before stopping payments.

How long do I have to contest a rent increase?

Check deadlines in your lease and act promptly; if unsure, seek legal advice or contact the local court.

Which evidence is strongest?

Comparable offers, printed rent index extracts, previous statements and photos of defects are considered important evidence.

How-To

1. Collect evidence: lease, statements, comparable offers.
2. Send objection in writing with deadline (e.g. 14 days).
3. If there is no response seek advice or consider filing a lawsuit at the local court.
4. If necessary file a lawsuit: complaint with evidence according to the ZPO.

Help and Support / Resources

• BGB: Mietrecht §§535–580a
• ZPO: Rules on lawsuits and procedures
• Federal Court of Justice: precedents and decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesministerium der Justiz: templates and guidance