Tenant Rights in Germany: Document Discriminatory Ads

Many tenants in Germany encounter housing ads that appear discriminatory because of origin, gender, family status or other characteristics. This article explains in plain language what tenants' rights are, how to document ads, secure evidence and which deadlines to observe. You will get practical steps for evidence preservation, guidance on responsible authorities and instructions on when and how to use official forms or initiate legal action at the local court. The language is intentionally simple so that non-lawyers can understand how to protect and enforce their rights in Germany.

What counts as a discriminatory ad?

A discriminatory ad requests or prefers applicants with certain traits or systematically excludes others. Such wording often violates the General Equal Treatment Act (AGG)^[2] or may have civil-law consequences. It is important to distinguish: clumsy phrasing is not always legally relevant, while clear exclusions based on origin, religion or family status usually are.

Practical evidence preservation

Document any questionable ad immediately. Save screenshots, note date, time and source, and secure any messages or emails received. Keep all communications and witness names. The earlier you secure evidence, the better your chances in a complaint or lawsuit.

• Collect evidence (photos, documents): Save screenshots, photos and emails promptly.
• Secure metadata (record): Note date, time, listing URL and platform.
• Prepare forms (form): Prepare an informal complaint letter or a statement of claim.

Which laws and jurisdictions apply?

Tenancy law in Germany regulates landlord and tenant duties and rights in the BGB, especially §§ 535–580a of the Bürgerliches Gesetzbuch (BGB)^[1]. For discrimination issues, the General Equal Treatment Act (AGG) may also apply^[2]. For formal court actions, the rules of the Code of Civil Procedure (ZPO) apply^[3]. Disputes are usually heard first at the competent Amtsgericht; higher instances are the Landgericht and, for fundamental legal questions, the Federal Court of Justice.

When should you consider legal action?

If landlords or agents use clear exclusions or insulting wording and informal resolution fails, legal steps may follow. Start with a written demand to cease or correct; if that fails, filing a claim at the Amtsgericht may be appropriate.

• Cease-and-desist demand (form): Send a short deadline request to remove or correct the ad.
• Seek advice (help): Contact free legal advice or the local court's information office.
• File a lawsuit (court): If necessary, file suit at the Amtsgericht and present your evidence.

FAQ

Is every rude ad automatically unlawful?

No. Rude wording is not always unlawful; it depends on whether a protected group is systematically excluded or disadvantaged.

Which authority is responsible for discrimination?

For tenancy disputes the local Amtsgericht is typically responsible; for equal treatment issues you may also contact state complaint offices or courts.

What deadlines must I observe?

There is no single deadline for initial documentation, but procedural deadlines of the ZPO apply for court actions; act promptly and secure evidence.

How-To

1. Document immediately: Take screenshots, save the listing URL and note date and time.
2. Send informal letter: Request removal or correction of the ad within a short deadline (cease-and-desist).
3. Seek advice: Use free legal counsel or local court information services.
4. Legal action: File a claim at the local court if necessary and submit your evidence.

Help and Support

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Allgemeines Gleichbehandlungsgesetz (AGG) — Gesetze im Internet
• Federal Forms Portal — Musterformulare

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Allgemeines Gleichbehandlungsgesetz (AGG) — Gesetze im Internet
3. [3] Zivilprozessordnung (ZPO) — Gesetze im Internet
4. [4] Bundesformularportal — Musterformulare und Klageschriften