Tenant Rights: Discriminatory Ad in Germany

As a tenant in a German city, a discriminatory housing ad can feel intimidating and may be legally prohibited. This guide explains in plain language what rights tenants have, how to gather evidence, which official forms and deadlines matter, and how complaints or court actions before the local court proceed. I show practical steps for documenting incidents, contacting the responsible offices and sending formal letters. The information refers to German tenancy law and procedural rules, including relevant sections of the BGB and the ZPO, as well as jurisdictions of local courts and higher instances. The aim is to give you as a tenant clear, immediately actionable options.

What is a discriminatory ad?

A discriminatory housing ad excludes applicants based on characteristics such as origin, gender, marital status, religion or age. Such criteria can violate the General Equal Treatment Act (AGG) and are impermissible in the context of tenancy law. If an ad contains discriminatory wording, tenants should document it and consider whether a formal complaint or a lawyer's letter is necessary.^[1]

What rights do tenants have?

Tenants have the right not to be disadvantaged because of personal characteristics; in case of violations, rules from the BGB and the AGG apply as well as procedural rules of the ZPO if court proceedings are necessary.^[1][2] First steps are to document incidents, inform the landlord or provider in writing and, if necessary, file a complaint with the competent authorities or consider a lawsuit at the local court.

Gathering evidence

• Photos (photo) and screenshots of the ad should be kept as evidence.
• Save correspondence and messages (document) and note dates and senders.
• Record date and time (calendar) of contact attempts and deadlines.
• If costs arise, collect receipts (receipt) and document any damages.

Forms and deadlines

There is no single nationwide "complaint form" for discrimination, but you can rely on legal bases such as the BGB and the ZPO and, if necessary, submit a claim form to the competent local court (see justice portals). Pay special attention to deadlines: many procedural steps must be taken within specific timeframes.^[1][2]

FAQ

What can I do if I see a discriminatory ad?

Document the ad (screenshots, photos), save messages, inform the provider in writing and consider legal steps or a complaint.

Do I have to go to court immediately?

Not always; often a written demand or a consultation is sufficient. Court action is an option if informal attempts fail.

Which court do I contact for a lawsuit?

For tenancy matters, the competent local court (Amtsgericht) is the first instance; the Regional Court and the Federal Court of Justice may follow.

How-To

1. Collect evidence: save screenshots, photos, messages and witness statements.
2. Send a formal complaint or demand to the provider and set a clear deadline (notice, form).
3. If unsuccessful, file a claim at the local court; use sample forms from the justice portals.
4. Observe deadlines for responses, claims and evidence collection and act within the stated timeframes.

Key Takeaways

• Documentation is the most important basis for a complaint or lawsuit.
• Use official laws and justice portals to prepare your steps.
• Seek legal advice or legal aid if the situation is complex.

Help and Support

• BGB §§535–580a (Gesetze im Internet)
• ZPO (Procedural rules) – Gesetze im Internet
• Justice portal: information on local courts and forms

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1. [1] BGB §§535–580a — Gesetze im Internet
2. [2] ZPO — Gesetze im Internet
3. [3] Information on local courts and claims — Justice portal