Tenant Rights: Discriminatory Rental Ad in Germany

Discrimination & Equal Treatment 3 min read · published September 07, 2025
If you, as a tenant in Germany, see a rental ad that excludes applicants based on origin, religion, gender or marital status, this can be legally relevant. This information sheet clearly explains how tenants recognize discriminatory wording, which evidence is useful and which steps are possible. I show how to document ads, with examples for photos, screenshots and notes, which official rules and laws apply here and which courts are competent. Step by step you will receive practical tips for communication with the landlord, for official forms and for deadlines. At the end you will find a short FAQ, a guide to collecting evidence and links to official bodies in Germany.

What is a discriminatory ad?

A discriminatory rental ad excludes certain people or groups or requests characteristics that are not relevant for the rental decision. This concerns e.g. origin, religion, nationality, gender, sexual orientation or marital status. Such criteria can violate the General Equal Treatment Act or constitutional principles and are relevant for tenants in Germany because they can restrict access to housing. Check ads for explicit exclusions and for indirect wording that excludes certain groups.

Which evidence should tenants collect?

  • Screenshot of the ad with date and time.
  • Photos of printed notices or ads.
  • Copies of message exchanges or emails with the advertiser.
  • Time documentation: note when you saw the ad and when you responded.
Keep copies of all messages and ads stored securely.

Which legal rules apply?

For tenancies in Germany, the basic rules of tenancy law in the Bürgerliches Gesetzbuch (BGB) apply, in particular landlord and tenant duties and termination rules.[1] Discriminatory exclusions can also violate equal treatment principles. In disputes, the local court (Amtsgericht) is often competent; proceedings are governed by the Code of Civil Procedure.[2]

How to communicate with the landlord?

  • Write a short, factual inquiry and request an explanation for the exclusion phrasing.
  • Document the conversation or reply by email or screenshot.
  • Set a deadline, e.g. 14 days, to receive a response.
Respond in writing so you have proof for later steps.

If the ad appears unlawful

Collect all evidence and check whether an out-of-court clarification is possible. If the advertiser is not cooperative, you can send a written request to change the ad or file a complaint with a competent authority. For court clarification, information and evidence are decisive; observe limitation and procedural deadlines under civil procedure.

A well-documented file significantly increases the chances of success in proceedings.

Forms and templates

Important templates are formal letters such as a sample claim or complaint letter and a written request to remove the discriminatory wording. General termination or reminder letters are used by tenants only in appropriate cases; sample forms are available from official bodies such as the Federal Ministry of Justice.[3]

FAQ

Can I take action against a discriminatory ad?
Yes. First collect evidence, contact the advertiser in writing and consider legal action or court enforcement if no clarification follows.
Do I have to sue immediately?
No. Documented inquiries and deadline setting often help. A lawsuit is the last step if other ways fail.
Which court is competent?
Usually the local court (Amtsgericht) is competent for tenancy disputes; appeals go to the regional court and possibly the Federal Court of Justice.[2]

How-To

  1. Take screenshots of the ad immediately and save date and time.
  2. Record all contacts with advertisers including date and time.
  3. Send a polite written request for a statement with a clear deadline.
  4. If no agreement is reached, consider legal steps at the local court and submit evidence.

Key Takeaways

  • Collect evidence: screenshots, photos and messages are central.
  • Written communication with deadlines creates proof.
  • Local courts handle many tenancy disputes; appeals are possible.

Help and Support / Resources

  1. [1] §535 BGB - Duties of the landlord - Gesetze im Internet
  2. [2] Code of Civil Procedure (ZPO) - Gesetze im Internet
  3. [3] Sample termination/letters - Federal Ministry of Justice
  4. [4] Federal Court of Justice (BGH) decisions - Bundesgerichtshof

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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