Tenants in Germany: Prove Algorithmic Bias

What is algorithmic bias in the rental context?

Automated decision systems can be used in renting, credit checks or billing. As a tenant in Germany you should know that algorithmically caused disadvantages are possible and can have concrete effects on housing, rent increases or eviction. For tenancy duties and rights, §§ 535–580a of the BGB are decisive^[1], and civil procedure steps are governed by the ZPO^[2]. This guide shows how to identify possible discrimination, collect evidence in due time and which authorities are responsible.

Which pieces of evidence are relevant?

Concrete proof increases your chances of success. Systematically collect documents, timestamps and communications that show patterns or disadvantages.

• Photos and videos (evidence): document date, time and visible context.
• Correspondence (evidence) with landlord, agent and intermediaries – emails, SMS and chat logs.
• Reports or rejection reasons (evidence) from credit checks or scorings.
• Deadlines and appointments (within): note all dates when decisions were made or notifications sent.
• Payment records (rent): secure deposit receipts, payments and refunds.

Which forms and templates does a tenant need?

There is no uniform "bias lawsuit", but practice-relevant forms and letters include:

• Demand letter / deadline setting: Write a clear deadline to disclose explanations or documents (for example 14 days).
• Statement of claim for eviction or payment suits: For legal steps the formal requirements of the ZPO apply^[2].
• Evidence folders / list of attachments: Keep a numbered list of all documents, photos and extracts.

Practical example: You receive a rejection due to "negative credit evaluation." Request the exact decision basis in writing within an appropriate deadline and document the timelines.

Who to contact and which courts are responsible?

Tenancy disputes are usually heard in the first instance at the local Amtsgericht; regional courts and the BGH may be relevant if legal issues are significant^[3]. First try to resolve matters with the landlord, document replies and, if necessary, use mediation or conciliation services.

Practical steps: evidence collection and deadlines

1. Note all relevant dates (date of request, response deadlines and objection periods).
2. Collect evidence (evidence): screenshots, emails, reports and payment receipts.
3. Request explanations in writing and set a clear deadline (e.g. 14 days).
4. If necessary, file a claim at the competent local court and submit your evidence folder.

FAQ

How can I tell if an algorithm is disadvantaging me?

Common signs are blanket rejections without individual justification, suddenly changed criteria or systematic patterns against certain groups; document cases and compare statements.^[1]

What deadlines must I observe when submitting evidence?

Deadlines depend on the case; for motions and court summons the deadlines of the ZPO apply. Set deadlines in writing and keep proof of service.^[2]

Whom should I contact if I suspect discrimination?

Try to resolve the matter with the landlord or agent first. For court proceedings the local Amtsgericht is competent; regional courts and the BGH may be relevant for legal questions.^[3]

How-To

1. Document: collect all relevant emails, screenshots and payment receipts.
2. Request information: send a deadline letter to the landlord or intermediary (e.g. 14 days) asking for the reasons for the decision.
3. Observe deadlines: note incoming and outgoing dates and react within set time limits.
4. Take legal action: if necessary, file a claim at the competent local court and present your evidence folder.

Help and Support

• Federal Ministry of Justice and Consumer Protection (BMJ) - Information
• Laws online (BGB, ZPO)
• Federal Court of Justice (BGH) - Judgments

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Information on courts and jurisdiction — justiz.de
4. [4] Federal Ministry of Justice and Consumer Protection — bmj.de