Tenant Rights for AGG Complaints in Germany
As a tenant in a large city in Germany, you may be affected by discrimination or receive an AGG complaint. This FAQ explains in plain language how to have an AGG complaint corrected, which deadlines apply, which official forms are relevant and when the local court becomes involved. The information is aimed at non-lawyers: I describe practical steps, example wordings and how to gather evidence. You will learn when rent reduction, protection against termination or a lawsuit makes sense and which sections of the BGB and ZPO you should know. The goal is that you can decide more confidently when to make an internal complaint, how to formally correct a complaint and how to prepare for court.
What does an AGG complaint mean for tenants?
An AGG complaint refers to the General Equal Treatment Act: it can be filed internally with the landlord or externally with authorities. For rental relationships, the obligations from the Civil Code (BGB) are also relevant; in court proceedings the rules of the Code of Civil Procedure (ZPO) apply.[1][2] In practice this means: an AGG complaint can affect terminations, handovers of the apartment or the assertion of defects.
Forms and templates
Important forms and templates tenants should know:
- Lawsuit (civil complaint / complaint document) – required if you want to defend against an eviction suit or file a rent claim yourself; model information and procedural guidance can be found on the ZPO page.
- Information on tenant duties and tenant rights (§ 535 BGB) – used to check claims from the tenancy; example: a written request to remedy a defect with a set deadline.
- Eviction and enforcement – when enforcement issues arise, information on court decisions and procedures is relevant; check relevant case law at the BGH.
What you should do in practice
If you want to correct or respond to an AGG complaint, follow these steps: check the exact wording of the complaint, note deadlines, gather evidence (photos, messages, witnesses) and send a short, factual response to the complainant or landlord. If a deadline is set in a formal notice, respond within the deadline and document the delivery.
FAQ
- What can I do if the AGG complaint is incorrect?
- Write a factual rebuttal, support your statements with evidence and request correction of the complaint. If internal measures fail, consider further steps before the local court.
- Which deadlines do I need to observe?
- Deadlines vary: internal deadlines can be short, court deadlines follow the ZPO. Respond promptly to formal notifications and observe any objection periods.
- Can an AGG complaint lead to termination?
- A single complaint does not automatically lead to termination; terminations must meet legal requirements and should be examined under the BGB.
- What role does the local court have?
- The local court is the first instance for many tenancy disputes such as rent reduction, protection against termination or eviction suits; it decides on evidence and claims.
How-To
- Check the deadline in the complaint immediately and set a reminder.
- Gather evidence: photos, messages, witness statements and receipts.
- Draft a brief rebuttal and send it by registered mail or documented email.
- Contact the local court or a legal advice center if the situation escalates or a lawsuit is threatened.
