Tenants' Guide: Dispute Excessive Rent in Germany
Many tenants in Germany face what they consider excessive rent. A formal objection can help clarify the claim or later serve as evidence if you take civil action. This article explains in plain language what an objection does, which deadlines and evidence matter, and how you can proceed step by step without a lawyer. We cite relevant statutes (§§ 535–580a BGB[1]), refer to court procedures under the Code of Civil Procedure[2] and show how to structure your letter, collect proofs and prepare the local court. The aim is to give you concrete options for action in Germany.
What you can do now
First, check in writing and factually why you consider the rent increase or claimed amount unjustified. Note dates, amounts and any communication with the landlord. Look for comparable rents in the area, check your lease and whether the rent brake or agreements were violated.
- Lease agreement (complete copy with signatures).
- Payment records (transfers, receipts, bank statements).
- Correspondence (emails, texts, prior statements).
- Copies of any forms or rent increase notices.
How do I write an objection?
An objection should be brief, factual and complete: name the disputed period, the contested amount and the reasons (e.g. lack of contractual basis or exceeding local comparative rent). Request a corrected statement or refund within a clear deadline (for example 14 days). Send the objection with proof of delivery, ideally by registered mail.
If the matter is not resolved out of court, the objection can later serve as evidence, for example in proceedings at the local court or higher instances.[2]
Before considering a lawsuit: check potential costs and chances of success. Gather all relevant evidence and note witnesses if any. In many cases, a well-documented objection is enough to reach an amicable solution.
Frequently Asked Questions
- What is an objection to excessive rent?
- The objection is a formal notification to the landlord that you consider a claim unjustified and demand correction or repayment.
- Do I have to hire a lawyer?
- No. Many objections can be drafted without a lawyer. In complex cases or when deadlines and formal requirements are unclear, legal advice may be useful.
- When should I involve the local court?
- If the landlord does not respond or an agreement is impossible, a lawsuit at the competent local court may follow. The Code of Civil Procedure then applies.[2]
How-To
- Check the basis: compare the requested rent with your lease and local comparable rents.
- Set deadlines: demand correction or repayment within a clear time frame (e.g. 14 days).
- Collect documentation: lease, payment records, correspondence and witness statements.
- Draft and send the objection: brief, factual, by registered mail or with proof of delivery.
- If necessary prepare a lawsuit: organize documents and file at the competent local court; the Code of Civil Procedure governs the process.[2]
Help and Support
- BGB online: Gesetze im Internet
- ZPO online: Gesetze im Internet (procedure rules)
- Federal Court of Justice (BGH) – decisions and guidance
