Tenants: Discrimination by Origin in Germany

Many tenants in Germany suspect they are treated worse because of their origin, for example during viewings, contract offers or utility billing. This guide explains in plain language which actions count as discrimination, how to secure indications and which legal paths are available to enforce rights. You will receive concrete step-by-step tips for documenting incidents, communicating with landlords and securing evidence for a possible proceeding before the local court. The aim is to give affected persons practical help so they can make decisions more confidently and meet deadlines. We name relevant provisions in the BGB^[1], link official forms and explain the roles the local court and the Federal Court of Justice can play. At the end you will find Frequently Asked Questions, a how-to guide and information on where to get official support.

What counts as discrimination?

Discrimination by origin can take different forms: refusal to rent despite comparable documents, higher deposits for certain people, different information during viewings or discriminatory remarks. Not every unfair decision is automatically unlawful, but patterns and repeated favouring or disadvantaging are relevant indications.

Key indications and evidence

Good evidence relies on several corroborating indications. Collect everything that fits the timeline and allows comparison.

• Photos of listings and viewing situations that show differences.
• Emails, SMS or chat histories with potentially discriminatory statements.
• Contact details and written short reports from witnesses.
• Offers, contracts, receipts and utility bills as a basis for comparison.

How to secure indications?

Secure evidence so that date and circumstances are clear. Create an organised folder or digital folders with backups and always note date, time and participants.

• Save screenshots immediately and note date and source.
• Document written requests, responses and rejections by email or registered mail.
• Collect witness statements in writing and keep contact details.
• Take photos of defects, note the date and, if necessary, send a written notice of defects.

If you want to take legal action

Once you have sufficient indications, you can set a deadline for the landlord to cease or consider legal steps. Relevant rules are found in the BGB (e.g. duties of the landlord, §§ 535–580a) and procedural rules in the ZPO^[1][2]. Remedies can include injunctions, damages, recovery of unjust payments or a court declaration.

• Send a formal complaint to the landlord in writing and set a deadline for a response.
• Seek advice from a tenants' association or legal initial consultation.
• If necessary, file a lawsuit at the competent local court and present evidence in an organised manner.^[2]
• Clearly demonstrate in proceedings how the indications form a pattern.

FAQ

How do I prove discrimination by origin?

Collect all written messages, photos of listings, names and contact details of witnesses as well as comparative offers and document times and places.

Which laws apply to tenancy relationships and possible lawsuits?

The BGB provisions, in particular §§ 535–580a, apply to tenancy relationships; the rules of the ZPO apply to court proceedings.^[1][2]

Which forms or templates do I need for a complaint or lawsuit?

Courts and justice portals provide forms and guidance for filing lawsuits; use the official judicial forms for complaints and service.^[3]

How-To

1. Collect evidence: organise screenshots, messages, photos and witness names.
2. Send a written request to the landlord and set a deadline.
3. Obtain advice from a tenants' association or legal counsel.
4. If no agreement is reached, file a lawsuit at the competent local court and present evidence in an organised way.

Help and Support

• BGB - Civil Code
• Federal Court of Justice - Information
• Justice Portal - Forms and Court Information

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1. [1] BGB - Bürgerliches Gesetzbuch
2. [2] Bundesgerichtshof - Informationen
3. [3] Justizportal - Formulare und Gerichtsinfos