Tenant Rights Against Origin Discrimination in Germany
If you as a tenant in Germany are treated worse because of your origin, quick, structured action is important. This guide explains in plain language which rights tenants have, which laws apply and which first steps help: secure evidence, complain in writing, observe deadlines and, if necessary, file a lawsuit. It is aimed at tenants without legal knowledge and shows practical examples, forms and competent courts. At the end you will find a step-by-step guide, frequently asked questions and official contact points in Germany so that you can contest discrimination in time and protect your housing situation. We explain how to document evidence, calculate deadlines and whether legal aid or court fee assistance is applicable to your case.
What to do if you face disadvantage due to origin?
As a first step, you should calmly document the situation and note deadlines. Discrimination can be relevant under both the General Equal Treatment Act and tenancy law[1][2]. If termination or eviction is at issue, the Code of Civil Procedure also governs procedural deadlines and lawsuits[3].
- Check and respond to deadlines (deadline): note the date and the start of the deadline.
- Secure evidence (evidence): photos, messages, witnesses and record times.
- Complain to the landlord in writing and set a deadline (notice): send by registered mail or by email with delivery confirmation.
- Check application forms for legal advice (form): see if you need a consultation certificate for legal aid.
- Seek legal advice (help) or contact a tenants' association; check court fee assistance (PKH) before filing a claim.
- If escalation is necessary: prepare a lawsuit at the competent local court (court).
Important forms
There are official forms or standardized applications for many steps. Two particularly relevant forms are:
- Application for legal advice assistance (consultation certificate): used when you need out-of-court legal advice and cannot immediately afford the costs; example: you see a lawyer who checks whether court action at the local court is sensible.
- Application for court fee assistance (PKH) (application under the Code of Civil Procedure): file before or when submitting a lawsuit if you cannot afford court costs; example: Tenant A applies for PKH so the lawsuit for discrimination can proceed at the local court.
Legal foundations
The General Equal Treatment Act (AGG) protects against discrimination, including on the basis of origin[1]. In parallel, the Civil Code regulates rights and duties from the tenancy relationship, such as defects, protection against termination and damages[2]. Procedural rules and deadlines for lawsuits are set out in the Code of Civil Procedure (ZPO)[3]. The competent forum for many civil tenancy disputes is the local court; higher instances are the regional court and the Federal Court of Justice.
Frequently Asked Questions
- Can I challenge a rental refusal because of my origin?
- Yes. A direct disadvantage in housing offers can fall under the AGG; document the refusal and contact the Anti-Discrimination Agency or a lawyer.
- What deadlines apply if I want to sue?
- Deadlines depend on the claim; civil limitation and lawsuit deadlines are governed by the BGB and ZPO. Check immediately whether emergency measures or interim relief are necessary.
- Is there financial help for lawsuits?
- Yes. Legal advice assistance can enable out-of-court consultation, and court fee assistance (PKH) can cover court costs if conditions are met.
How-To
- Step 1: Collect and date evidence (evidence).
- Step 2: Inform the landlord in writing and set a deadline (notice).
- Step 3: Calculate deadlines for objection or lawsuit and note them (deadline).
- Step 4: Check legal advice and court fee assistance (help).
- Step 5: If necessary, file a lawsuit at the competent local court (court).
Help and Support / Resources
- Federal Anti-Discrimination Agency (help)
- Civil Code (BGB) - tenancy law (rent)
- Federal Court of Justice (BGH) - tenancy decisions (court)
