Tenants in Germany: Proving Discrimination
Many tenants in Germany experience discrimination based on origin, often subtly in communications, housing offers or utility bills. This guide explains step by step how to recognize discrimination, which evidence is useful and how to address landlords, housing cooperatives or authorities formally with a sample letter. I describe which documents, photos and witness statements help, how to respect deadlines and when a complaint or lawsuit at the local court is appropriate. The aim is to provide practical steps so affected persons can enforce their rights without being overwhelmed by legal terms. At the end you will find concrete action instructions, official forms and links to responsible authorities in Germany clearly presented.
What is discrimination based on origin?
Discrimination based on origin occurs when landlords or housing providers disadvantage people because of their nationality, ethnic origin or background. This can appear as intentional refusals, worse contract terms or unjustified terminations. Civil law provisions regulate duties and protections of tenants.[1]
Which evidence should you collect?
Good documentation is crucial: save written communication, photos of conditions, witness statements and all documents related to offers or rejections. Note date, time and participants.
- Save all emails, SMS and letters and arrange them chronologically.
- Take photos of the apartment condition, defects or discriminatory notices.
- Name witnesses and ask for short written statements.
- Keep notes about phone calls with date and content.
- Secure the rental contract, utility bills and advertisements.
Sample letter: wording example
Dear Sir or Madam. I hereby point out that I applied for the apartment at [address] on [date] and received a rejection. The reason given was related to my origin. Please inform me within 14 days of the exact reason for not offering the apartment and provide all relevant documents. If you do not justify the decision, I reserve the right to take further steps, including a complaint to the appropriate authority and legal action. Sincerely, [Name].
Rights and legal steps
Fundamental obligations and entitlements are regulated in the Civil Code (BGB); relevant tenancy law parts are described there.[1] For legal proceedings or filing complaints, the procedural rules of the Code of Civil Procedure apply.[2] For many tenancy disputes the local court is responsible; higher decisions can involve the Federal Court of Justice whose case law sets precedents.[3]
Important forms and when to use them
- Lawsuit filing at the local court (complaint according to the Code of Civil Procedure): use if out-of-court steps fail.
- Application for interim relief: when urgent protection is needed, e.g. access to the apartment is denied.
- Complaint to competent authorities: for obvious discrimination you can contact administrative bodies or anti-discrimination offices.
FAQ
- What can I do if I am refused housing because of my origin?
- Document the offer and rejection, collect evidence (emails, witnesses) and first send a formal sample letter. Consider a complaint to an anti-discrimination office and check legal options.
- Who decides tenancy disputes?
- Most tenancy disputes are handled by the local court; in higher instances the regional court or the Federal Court of Justice may decide.
- Which deadlines are important?
- Important are deadlines to reply to letters, deadlines in payment or reminder procedures and litigation deadlines under the Code of Civil Procedure. Keep all proof of deadlines.
How-To
- Collect immediately all messages, photos and witness statements and arrange them chronologically.
- Send a formal sample letter to the landlord and request a justification within a set period (e.g. 14 days).
- Contact an anti-discrimination office or legal advisor for an initial assessment.
- If necessary, file a lawsuit at the local court and present your collected evidence.
Help and Support / Resources
- Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
- Gesetze im Internet: Zivilprozessordnung (ZPO)
- Bundesgerichtshof (BGH)
