Tenants Challenging Discrimination by Origin in Germany
If you as a tenant in Germany are disadvantaged because of your origin, it is important to act quickly and within deadlines. Discrimination can appear as rejection, unjustified termination, higher rent demands or refusal of repairs. This guide explains clearly which rights tenants have, which deadlines apply and which official steps are possible — from a written complaint to filing a lawsuit at the local court. You will receive concrete action steps, references to relevant laws such as the BGB[1] and AGG[2] and templates and notes on official forms. Read on to learn how to secure evidence, meet deadlines and find support from authorities and courts.
What to do in case of discrimination due to origin?
First check how the disadvantage appears: refusal of housing inquiries, different rental conditions, refused repairs or remarks during conversations. Note all incidents with date, time and participants and secure evidence (photos, messages, witnesses).
Immediate actions (within deadlines)
- Send a written complaint to the landlord and request confirmation of receipt.
- Set deadlines: name a concrete period for remedy (e.g. 14 days) and announce further steps.
- Secure evidence: photos, messages, e-mails and name witnesses.
- Consider reporting to the Federal Anti-Discrimination Agency and, if appropriate, submit a complaint.
Legal basis and jurisdiction
The provisions of the German Civil Code are decisive for tenancy claims, in particular for landlord obligations and defect remedies[1]. The General Equal Treatment Act (AGG) can also apply against discrimination based on origin[2]. Rental disputes are usually heard before the competent local court (Amtsgericht)[3], where you can assert claims for defect remedy, rent reduction or injunctions.
Forms and official templates
Many authorities offer online forms and guidance. Important points of contact and forms are:
- Complaint to the Federal Anti-Discrimination Agency (online form) for incidents related to origin.
- Template for a written defect notice/deadline setting to the landlord as your own letter.
- Guidance on filing a lawsuit at the local court (civil claim filing).
Frequently Asked Questions
- Can I reduce the rent because of origin-based discrimination?
- Yes, if the disadvantage is associated with an impairment of the living quality (e.g. refused repairs). Set a written deadline for the landlord to remedy the issue.
- Do I need to collect evidence before going to the Anti-Discrimination Agency?
- Yes. Photos, e-mails, witness statements and written records strengthen your complaint and are useful for authorities and courts.
- How quickly must I act to avoid losing rights?
- Act within deadlines: set clear remedial periods (e.g. 14 days) and, if there is no response, file a formal complaint or lawsuit.
How-To
- Document the incident: collect date, time, people and evidence.
- Send a written complaint to the landlord and set a remedy deadline (e.g. 14 days).
- Check filing a complaint with the Anti-Discrimination Agency and, if applicable, fill in the online form.
- If there is no resolution: prepare a lawsuit at the competent local court or seek legal advice.
Help and Support
- German Civil Code (BGB) §§ 535 ff. — Landlord obligations
- General Equal Treatment Act (AGG)
- Federal Anti-Discrimination Agency — advice and online form