Tenant Rights Against Origin Discrimination in Germany
What to do if you face discrimination based on origin?
If you, as a tenant, feel decisions (e.g., viewings, termination, service provision) are influenced by your origin, a structured approach helps. Start with clear documentation: date, time, people involved and all relevant messages or photos.
- Document dates, times and contents of conversations, emails and messages.
- Keep payment receipts, deposit records and billing statements safe.
- Send a short, factual complaint to the landlord and request a formal reply.
- Observe deadlines: respond within days rather than weeks when deadlines are given.
Evidence and template forms
Good evidence improves your position. Photos, screenshots, witness names and timestamps are key. There is no single official "anti-discrimination form" for tenancy cases, but template letters for complaints or contesting termination are useful; write briefly, date the letter and state a clear demand (e.g., "Please clarify by DD.MM.YYYY why...").
- Create an evidence log with sequential numbering for each incident.
- Use simple template letters for complaints; send them by registered mail or documented email.
- Record viewing appointments and access events if irregularities in entry occur.
When is going to court appropriate?
If the landlord does not respond or takes action (e.g., termination, refused repairs), bringing a claim at the competent local court (Amtsgericht) may be necessary. The Amtsgericht is the first instance for most tenancy disputes and handles eviction and rent reduction claims.[4]
FAQ
- Which laws protect tenants from discrimination?
- Certain anti-discrimination rules may apply at state and federal levels; tenancy law in §§ 535–580a BGB regulates core duties and rights of landlords and tenants.[1]
- Can I act without a lawyer against discrimination?
- Yes. Many steps are possible without a lawyer: documentation, template letters, reminders and in some cases claims at the local court; check deadlines and procedural requirements carefully.[2]
- What should I do if a termination seems discriminatory?
- Act quickly: lodge a written objection, document everything and, if necessary, file a claim at the local court. Collect all indications of discriminatory motives.
How-To
- Document immediately: secure dates, times, people, photos and messages.
- Send a written complaint: use a template letter and set a response deadline (e.g., 14 days).
- Mind deadlines: note start and end dates; procedural deadlines follow ZPO rules where applicable.[2]
- If necessary file a claim: the local court (Amtsgericht) is the first instance; appeals can reach the regional court and possibly the BGH.[3]
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- Bundesgerichtshof (BGH) – bundesgerichtshof.de
- Federal Ministry of Justice – bmjv.de