Tenants in Germany: Spotting Rent Gouging 2025

Many tenants in Germany wonder whether the requested rent is fair or constitutes rent gouging. This article explains in plain language which signs indicate excessive rent, what rights you have as a tenant, and which official steps are possible. You will receive practical advice on deadlines, required documents and contact points such as the local court. We name relevant laws, typical forms and show how to collect evidence and prepare a complaint or lawsuit. The goal is that you can act confidently with clear steps and official templates.

Rights and how to spot rent gouging

Your obligations and rights as a tenant are regulated in the Civil Code; provisions on rent, maintenance and termination are particularly important.^[1] Rent gouging occurs when rent is in an obvious disproportion to the local comparative rent. Typical warning signs are very high new contract rents, repeated drastic increases without plausible cost reasons, or hidden additional charges.

• Significant overpayment compared to the local customary rent.
• Unclear or recurring additional charges outside operating costs.
• Pressure during contract signing or threats that the apartment will otherwise not be available.
• Missing or incomplete operating cost statements.

Practical steps: documentation, deadlines, communication

Document every correspondence, all invoices and photos of defects. Set a clear deadline for the landlord to clarify or correct the claim and state the reason for your doubts (comparative rent, missing statement).

• Collect rental contracts, listings of comparable apartments and proofs of amounts paid.
• Send a formal request for clarification with a deadline (e.g. 14 days).
• If no agreement is reached, consider legal action such as filing a lawsuit at the local court.^[4]

Forms and official templates

Important official documents and regulations include:

• Filing a lawsuit at the local court (for disputes over payments or eviction).
• Application for a court decision after unsuccessful written communication with the landlord.
• Use the statutory texts (§§ 535–580a BGB) to prepare your arguments.^[1]

FAQ

What is rent gouging?

Rent gouging is an excessive rent that is in an obvious disproportion to the local comparative rent and can therefore be unlawful.

Who can I contact in case of dispute?

In case of disputes, the competent local court is the right place for civil disputes; higher instances are the regional court and possibly the Federal Court of Justice.^[4]

What deadlines apply if I dispute the rent?

Deadlines vary: first set a deadline to the landlord in your letter (e.g. 14 days). Court proceedings follow the rules of the Code of Civil Procedure.^[2]

How-To

1. Check the lease and compare the rent with local values.
2. Document evidence: correspondence, listings, photos and statements.
3. Send a written demand to the landlord with a clear deadline.
4. If necessary, prepare a lawsuit and file it at the local court.^[4]

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) § 535 – statute text
• Code of Civil Procedure (ZPO) – statute text
• Federal Court of Justice (BGH) – information and decisions

1. [1] Bürgerliches Gesetzbuch (BGB) § 535 – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Bundesgerichtshof – bundesgerichtshof.de
4. [4] Justizportal – jurisdiction of local courts – justiz.de