Tenant Rights for Excessive Rent in Germany
As a tenant in Germany, you can take action if a rent appears to be excessive. This guide explains step by step how long-term tenants and flatshare members can draft a complaint, collect evidence and formally contest the rent. I describe concrete measures: how to check the tenancy agreement, research comparable rents, prepare a written complaint under § 535 BGB[1] and observe deadlines. You will receive practical templates, notes on competent courts such as the local court (Amtsgericht)[2], and which official forms may be required. The aim is to present your rights as a tenant clearly, approach disputes calmly and, if necessary, initiate legally secure steps. The guide also shows how to systematically document photos, bills and correspondence and which deadlines apply. It explains when the local court has jurisdiction and when legal assistance is advisable.
What is a complaint about excessive rent?
A complaint is a formal, usually written objection to the landlord that the requested rent is too high or incorrectly calculated. Its purpose is to prompt the landlord to respond and correct the matter before formal measures such as a lawsuit or rent reduction follow. Many claims are based on provisions of the BGB.
Step-by-step: Complaint and challenge
- Check rent (rent) and tenancy agreement: verify gross rent, service charges and index or graduated clauses.
- Collect evidence (evidence): bank statements, previous billing, extracts of local rent indexes, listings for comparable flats and photos.
- Observe deadlines (deadline): set a clear deadline for the landlord to respond and document sending and receipt.
- Send a written complaint (notice): draft a dated, signed complaint with a concrete request for correction or repayment.
- Prepare court measures (court): if no agreement is reached, consider litigation or other court actions; consult the ZPO for procedures and deadlines.[3]
Forms & templates
Relevant forms typically include court claim forms for civil claims and possibly forms specific to your state justice portal. Examples and application:
- Claim form (civil claim): used when the landlord does not respond and you want to assert overpaid rent judicially; example: a flatmate files a claim for repayment of excess rent.
- Written complaint / request for correction: there is no single official form — a simple dated letter with attachments is often sufficient; send by registered mail or courier.
Example complaint (short template)
Dear Mr/Ms [Name],\n\nI hereby object to the monthly rent charged since [date] in the amount of [amount] EUR as excessive. Reason: comparative rents and my supporting documents (see attachments). Please respond by [date, 14 days] and correct the statement. Sincerely, [Name, Address].
Frequently Asked Questions
- Can I file a complaint as a flatmate alone?
- Yes, an individual party to the tenancy agreement can assert their rights; if all tenants sign, joint claims may exist.
- How do I properly word a formal complaint?
- Briefly state the facts, demand correction or repayment, attach evidence and set a clear deadline.
- What if the landlord does not respond?
- You may consider legal action; consulting legal protection services is often useful and a lawsuit according to the ZPO may be an option.
How-To
- Step 1: Check the tenancy agreement and billing and research the local rent index.
- Step 2: Collect all relevant evidence, bank statements, photos and correspondence.
- Step 3: Draft a dated, signed complaint (notice) with evidence and set a deadline.
- Step 4: Serve the complaint demonstrably (registered mail, courier) and document receipt.
- Step 5: If unresolved, consider legal steps and possible court action under the ZPO.
