Tenant Rights in Germany: AGG Complaint for Families
Many tenants in Germany face the question of how to prove discrimination at their residence and how to file an AGG complaint sensibly without a lawyer. This practical guide is aimed at families and all tenants who need to collect evidence, observe deadlines and use official forms. I explain which documents help, how to secure witnesses, photos and communication logs, and when a lawsuit at the local court (Amtsgericht) makes sense. I also show how to write formal complaints, which deadlines to observe and which government bodies provide support. The language remains deliberately simple: no legalese, but concrete steps and real examples so you can assert your rights in Germany confidently.
What is an AGG complaint?
An AGG complaint addresses discrimination based on protected characteristics under the General Equal Treatment Act (AGG). The AGG protects, among other things, against disadvantaging in tenancy relationships and helps to assert claims for injunctive relief or damages.[1] In a rental context this means: if you are treated worse because of origin, gender, family or religion, you can report it and submit evidence.
Quick steps: Evidence and deadlines
- Collect photos, messages, emails and witness statements as evidence.
- Record all dates and deadlines, for example when incidents occurred and when you filed complaints.
- Keep rent payments, deposit receipts and invoices that show financial impact.
- Create a formal complaint with date, incident description and requested remedy.
- If the matter escalates, prepare documents for the local court.
Templates and forms
There are no universal private templates for every step, but helpful templates and guidance exist at the Federal Ministry of Justice and in official law collections. For example, templates for formal letters or terminations can serve as orientation; use available guidance there to structure your own complaint letter.[5] If you file a lawsuit, the Code of Civil Procedure (ZPO) helps to understand formal requirements for complaints and deadlines.[3]
Applicable laws and court
Important regulations for tenancy are found in the Civil Code (BGB), especially concerning landlord and tenant duties and defect remediation.[2] For court steps, the local court (Amtsgericht) has jurisdiction; tenancy disputes such as rent reduction, protection against termination and eviction suits are handled there.[4]
FAQ
- Do I need a lawyer to file an AGG complaint?
- No. Many tenants can file a written complaint and collect evidence independently. For complex cases, legal advice may be advisable, especially regarding damages or lawsuits before the local court.
- Which evidence is most important?
- Photos, emails, SMS, written notes about incidents and witness contact information are usually most valuable; bank statements and invoices can also be relevant.
- Which court do I contact for eviction or termination?
- For tenancy matters, the local court is responsible in the first instance; appeals go to regional courts and in rare cases to the Federal Court of Justice.
How-To
- Collect evidence: photos, messages and note witnesses.
- Draft the complaint: include date, incident description and requested remedy.
- Set deadlines and send the complaint with proof of delivery, e.g. by registered mail.
- If no solution is reached, prepare and file the lawsuit at the competent local court.
Key Takeaways
- Thorough documentation is often decisive for success.
- Observe deadlines: missing them can prevent claims.
- The local court is the first judicial instance for tenancy disputes.
Help and Support / Resources
- AGG – Gesetze im Internet
- BGB – Civil Code (Relevant tenancy sections)
- Federal Court of Justice – decisions and information
