Tenant Rights for Discrimination by Origin in Germany
As a tenant in Germany, you may experience discrimination based on origin — for example in apartment rejections, unequal contract terms, or everyday disadvantages from landlords or administration. This article explains clearly and practically how to recognize discrimination, collect evidence, use official forms, and assert your rights under tenancy law. I describe deadlines, typical steps such as written complaints, applications and, if necessary, lawsuits before the local court, and name relevant sections of the BGB. The guide helps you approach conflicts calmly, secure necessary evidence and know which authority or court is responsible — so you as a tenant in Germany can effectively enforce your rights.
What to do about discrimination based on origin?
Discrimination due to origin can appear in many forms: rejections at viewings, unfair contract clauses or everyday disadvantages. As a tenant it is important to know the legal basics and to proceed systematically. Relevant provisions on tenancy law are found in the BGB.[1] Procedural rules for lawsuits are provided by the ZPO.[2] The Federal Anti-Discrimination Agency offers advice and guidance on complaints.[3]
- Document incidents with date, names, photos and notes of conversations.
- Send a written complaint to the landlord and set a deadline.
- Observe deadlines for objections and lawsuits under the ZPO and tenancy law.[2]
- Seek initial advice from the Anti-Discrimination Agency or ask the local court about jurisdiction.[3]
- Check the legal route: lawsuit at the local court, with possible appeals up to the Federal Court of Justice.[4]
Document incidents immediately and systematically.
Important forms and examples
For different steps there are official forms or sample letters. Examples and practical uses:
- Complaint letter to the landlord (example: clear facts, date, requested remedy, deadline). Use registered mail if possible.
- Complaint to the Anti-Discrimination Agency: the agency provides a complaint form and advice for discrimination cases.[3]
- Lawsuit at the local court: for civil claims use the ZPO rules; eviction lawsuits have special procedural forms.[2]
Early reporting increases the chances of a rapid solution.
FAQ
- Can I reduce the rent because of origin-based discrimination?
- No, rent reduction concerns defects of the rented property; discrimination is a separate legal issue requiring other measures.
- Who is responsible for discrimination complaints?
- The Federal Anti-Discrimination Agency can provide advice; civil claims are clarified by the local courts.
- Which laws protect me as a tenant?
- Primarily the BGB (tenancy law) and the ZPO for procedural matters; special regulations such as the Housing Promotion Act may be additionally relevant.
How-To
- Gather evidence: photos, messages, witness statements and dates.
- Write a formal complaint to the landlord with a clear deadline for remedy.
- Report the incident to the Anti-Discrimination Agency and request support.[3]
- If necessary, file a lawsuit at the competent local court; observe the deadlines of the ZPO.[2]
Respond promptly to deadline notices, otherwise claims may lapse.
Key takeaways
- Good documentation is the basis for successful complaints.
- Use official forms and set clear deadlines.
- Seek legal help early, especially before filing a lawsuit.
Help and Support / Resources
- Federal Anti-Discrimination Agency
- Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
- Federal Court of Justice – Tenancy Law
