Tenant Rights & AGG Complaint in Germany

Many tenants in Germany are unsure what a complaint under the General Equal Treatment Act (AGG) achieves and what evidence is required. This text explains common misconceptions in plain language, shows practical steps for documentation and provides template texts for an effective complaint. You will learn when a written report makes sense, how to collect evidence and which deadlines are important. We also explain how tenancy law and courts like the local court (Amtsgericht) can become involved in disputes. The goal is to empower you so you can assert your rights more confidently and act formally if necessary. We list official forms, deadlines and examples so you can respond purposefully. Practical tips help with collecting photos, witness statements and correspondence.

What is an AGG complaint?

An AGG complaint reports discrimination based on protected characteristics; in a housing context this can concern the conduct of a landlord. The AGG provides discrimination protection alongside tenancy law^[3]. A complaint is not automatically a court case, but it creates important documentation that can be useful for later steps.

Common misconceptions and practical steps

Many misconceptions arise because formal steps or deadlines are overlooked. The following simple measures help to clearly document the case and prepare next steps.

• Collect evidence (evidence): Photos, dates, times, witness statements and copies of messages.
• Observe deadlines (days): Note when incidents occurred and respond within common deadlines.
• Send written complaint (form): Keep it short, factual and dated; request confirmation.
• Document payments (rent): Continue payments if legally required and keep receipts.
• Prepare legal steps (court): If escalation is needed, a claim at the local court may be necessary; observe procedural rules of the ZPO^[2].

Template letters for an initial complaint

A short, factual template letter might look like this: State the date, incident, involved persons, desired remedy and attach evidence. Example: "I hereby formally complain about discriminatory conduct on [date]. Please provide a written response by [date]. I attach photos and witness statements as evidence." Such a letter serves as a basis before further steps are taken.

Forms and authorities

There is no single nationwide "AGG form" required for tenant complaints, but for court proceedings you use pleadings under the ZPO; tenancy claims are governed by the BGB (e.g. §§ 535–580a)^[1]. For eviction claims or formal lawsuits, the complaint under the ZPO is used; for jurisdiction and procedures contact the competent local court (Amtsgericht)^[2]. For legal texts and further information see the official legal sources listed below.

FAQ

Can I as a tenant file an AGG complaint against my landlord?

Yes, if you feel disadvantaged because of a characteristic such as gender, origin or disability; document incidents and send a written complaint.

Do I have to continue paying rent while I complain?

Generally yes; stopping payments can create additional risks. In cases of serious defects, rent reduction rules of the BGB may be considered^[1].

When should I contact the local court (Amtsgericht)?

If the landlord does not respond or refuses timely remedy, a lawsuit at the local court may be necessary; court proceedings follow the rules of the ZPO^[2].

How-To

1. Collect evidence (evidence): Take photos, save messages and record witness details and dates.
2. Set deadlines (days): Note event times and set a reasonable response deadline in your letter.
3. Send the complaint (form): Send the written complaint by email and registered mail and document receipt.
4. Prepare escalation (court): If there is no response, gather documents for a possible claim at the local court.

Key Takeaways

• Stay factual, date everything and preserve copies of correspondence.
• Use documentation to protect your position and privacy when needed.
• Seek formal action at the Amtsgericht if informal measures fail.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• Allgemeines Gleichbehandlungsgesetz (AGG) — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Allgemeines Gleichbehandlungsgesetz (AGG) — gesetze-im-internet.de
4. [4] Federal Court of Justice (BGH) — bundesgerichtshof.de