Tenant Rights: Timely AGG Complaint in Germany
What is an AGG complaint?
An AGG complaint addresses unequal treatment or disadvantage, for example due to origin, gender, religion or disability. The General Equal Treatment Act (AGG) governs these claims and duties.[1] In tenancy law, provisions of the German Civil Code (BGB) supplement the landlord-tenant relationship, especially obligations to maintain the dwelling and protection against unlawful measures.[2]
How to proceed
- Check deadlines: Identify all relevant deadlines and respond within statutory or contractual time limits.
- Collect evidence: Secure photos, messages, records and witness statements.
- Prepare a written complaint: Use a clear letter or complaint form and document your demands.
- Notify the landlord: Send the complaint with proof of delivery (e.g., registered mail) and request a response.
- For housing defects: Set deadlines for remedy and review requirements for rent reduction.
- Legal steps: If necessary, file a lawsuit at the competent local court; civil procedure law (ZPO) determines process and form.
Documentation is often decisive. Start early with an organized evidence file: dates, times, involved persons, text messages and photos help in court or negotiations.
Forms and templates
- Lawsuit form (civil claim at the local court): Used when out-of-court settlement fails; example: claim for injunction against discriminatory conduct or for damages.
- Application for issue of a payment order: For clear monetary claims this application can be used before filing a civil lawsuit.
- Sample complaint letter for AGG: A structured letter including facts, date, demand and deadline to remedy the discrimination.
The mentioned forms and templates should be used practically: clearly state what you expect the landlord to do (e.g., cease the conduct or provide compensation) and set a reasonable deadline. If in doubt, the local court can advise on required forms and fees.[3]
FAQ
- Which deadline applies to an AGG complaint?
- There is no single statutory deadline in the AGG for the initial complaint, but procedural deadlines and limitation periods must be observed; act as soon as possible and document the time.
- Whom should I contact first?
- First attempt written communication with the landlord. If there is no response, seek advice, mediation or consider the local court.
- What evidence matters most?
- Dated photos, written messages, witness statements and a chronological log of incidents are most helpful.
How-To
- Document the incident: Record date, time, people involved and gather evidence.
- Prepare the complaint letter: State facts, demand and deadline clearly.
- Deliver the complaint: Send with proof of delivery such as registered mail.
- Keep deadlines: Note and respect response and statutory deadlines.
- If needed, sue: File at the local court or consider payment order procedures.
Help and Support / Resources
- General Equal Treatment Act (AGG)
- German Civil Code (BGB) – Tenancy provisions §§ 535–580a
- Civil Procedure Code (ZPO)