Tenant Rights: Discrimination at Viewings in Germany

Many tenants in Germany experience unequal treatment during viewings, for example when landlords prefer certain groups or ask about origin, marital status or benefits. This guide explains clearly how to collect indicia, which legal bases (e.g. AGG, BGB §§ 535–580a)^[1] are relevant and which practical steps you can take, from documented evidence collection to enforcement in court. We provide sample letters, which deadlines to watch and which offices to contact. At the end you will find a how-to, frequently asked questions and links to official sources.

What counts as discrimination at viewings?

Discrimination occurs if a prospect is disadvantaged due to ethnic origin, gender, religion, disability, age or social status. Typical indicia include different answers to identical questions, rejections after stating origin or sudden changes to viewing appointments only for certain people. The General Equal Treatment Act (AGG) protects against unlawful unequal treatment in housing.

Evidence preservation: collecting indicia

Careful documentation strengthens your position. Collect all relevant information immediately, date entries and store electronic communications multiple times.

• photo: Take photos of the ad, the apartment condition and notices with date and time stamps.
• record: Make notes of conversations with date, time and exact wording.
• witness: Record names and contacts of witnesses who can confirm the viewing or statements.
• document: Save emails, SMS and chats as PDFs and keep backups.

Formal steps and deadlines

Proceed in stages: first write to the landlord, set a deadline and then consider further steps. For court clarification the local Amtsgericht is usually responsible; civil procedure rules apply.^[2]

• notice: Send a letter to the landlord by registered mail or email requesting an explanation.
• within 14 days: Set a clear deadline (e.g. 14 days) for a response.
• court: If no solution, file a claim at the competent local court; follow formal ZPO requirements.
• contact: Consult counselling centres or a lawyer, especially for complex evidence situations.

Which official forms are relevant?

For court actions you generally need a written statement of claim under the Code of Civil Procedure (ZPO). Simple steps like requesting an explanation can be informal, but it is useful to have a dated document with a deadline. Example: "Request for an explanation within 14 days, legal steps reserved." To bring a claim, submit a written statement of claim to the local Amtsgericht; exact requirements are set out in the ZPO and on court websites. If discrimination is suspected, you may also consider filing a complaint with the Federal Anti-Discrimination Agency.^[1]

Frequently Asked Questions

Can I challenge a rejection because of my origin?

Yes. If indicia exist, inform the landlord in writing, collect evidence and consider filing a complaint or claim; the AGG may provide protection.

How quickly must I act?

Document immediately (photos, messages). Give the landlord a reasonable deadline, e.g. 14 days, for a response.

Where can I get help?

Use counselling centres, legal advice or the Federal Anti-Discrimination Agency; for legal escalation the local Amtsgericht is responsible.

How-To

1. within 24 hours: Immediately take photos and save all messages with date/time stamps.
2. notice: Within 7–14 days send an informal letter to the landlord requesting clarification.
3. contact: If there is no response, contact counselling services or a lawyer to discuss options.
4. court: If necessary, prepare and file a claim at the competent local court.

Help and Support / Resources

• Gesetze im Internet: BGB §§ 535–580a
• Gesetze im Internet: General Equal Treatment Act (AGG)
• Federal Court of Justice: decisions on tenancy law

1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Justizportal: Information about local courts and jurisdiction
3. [3] Gesetze im Internet: General Equal Treatment Act (AGG)