Tenant Rights: Discrimination by Origin in Germany

As a tenant in Germany, you can claim protection against disadvantage due to your origin despite prejudice. This article explains in practical terms how to recognize discrimination in the tenancy, which evidence is useful and which legal steps you can take. We describe relevant sections of the BGB, point out competent courts and authorities and explain when an informal letter is sufficient or an official procedure is necessary. The aim is to give you clear actions — from documenting incidents and contacting the landlord to filing a suit at the local court. The language is intentionally simple so that you can assert your rights confidently and securely.

Which rights do tenants have?

Tenants are protected by the Civil Code (BGB): landlord obligations, defect remediation and termination rules are regulated in §§ 535–580a BGB.^[1] In addition, the Civil Procedure Code (ZPO) governs the procedure if judicial enforcement becomes necessary.^[2] Rental law cases are usually decided in the first instance by local courts (Amtsgericht); appeals go to regional courts (Landgericht) and fundamental legal questions to the Federal Court of Justice (BGH).^[3]

Practical cases: What counts as disadvantage?

Disadvantage due to origin can take many forms: rejection of housing offers, different rental conditions, exclusion or unequal treatment during viewings. What matters is that the action is taken because of your origin.

Collecting evidence

• Photos of discriminatory messages or ads that show different rules for applicants.
• Records with date/time logs of conversations or viewings.
• Witness statements from neighbors or other applicants, preferably written.
• Correspondence with the landlord by email or letter, including delivery receipts.
• Comparison data: other applicant lists or copies of ads that demonstrate differing treatment.

Legal action

Start with a clear written request to the landlord: set a deadline, describe the specific behavior and demand remedy. If deadlines are not met, further legal steps may be necessary; the ZPO rules apply to lawsuits and deadlines.^[2]

• Set a clear deadline (for example, 14 days) for response or remedy.
• Send the request by registered mail with return receipt or documented email.
• If no agreement is possible, file a lawsuit at the competent local court (rental disputes).^[3]
• Use legal advice or consultation assistance if formal steps are unclear.

FAQ

What counts as discrimination by origin?

Any differential treatment based on your nationality, ethnic origin or national affiliation that causes disadvantages in searching for housing or in contract terms.

Which sections of the BGB are important?

Particularly relevant are the rules on landlord obligations, rent reduction and termination in §§ 535–580a BGB.^[1]

Where should I turn if the landlord does not respond?

Contact the local court (Amtsgericht) for a suit; in many cases, prior legal advice is recommended.

How-To

1. Document incidents immediately: photos, messages, times and names.
2. Draft a written request to the landlord with a clear deadline (e.g. 14 days).
3. Seek legal advice or consultation assistance if needed.
4. If no solution, file a claim at the local court and attach all evidence.

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection - information on tenancy law
• Gesetze im Internet - full text of BGB and ZPO
• Federal Court of Justice (BGH) - decisions on tenancy law

1. [1] BGB §535 - Content of the rental agreement
2. [2] ZPO - Civil Procedure Code
3. [3] Federal Court of Justice - information and decisions