Tenants in Germany: Weighing AGG Complaints

Many tenants in Germany face the question of whether to file a complaint under the General Equal Treatment Act (AGG), especially when discrimination is suspected at their place of residence. This text explains in clear terms which strategic steps are possible, the advantages and disadvantages of filing a complaint, and when the matter should be resolved out of court. I show which evidence is useful, how to meet deadlines, and which authorities or courts are responsible. The goal is to give you as tenants practical steps so you can make well-founded decisions even without a lawyer.

When does an AGG complaint make sense?

An AGG complaint can make sense if you as a tenant have been disadvantaged because of characteristics such as origin, religion, gender, disability or age. Limit yourself to concrete incidents with date, witnesses or documents. A formal complaint is often the next step when talks with the landlord do not change anything. Relevant legal bases are the AGG itself as well as tenancy law duties of the landlord (AGG)^[1] and the general provisions in the BGB^[2].

Pros & Cons

Advantages of filing

• Concrete clarification of the incident and possible prevention of further discrimination.
• Written complaint creates proof for later steps, e.g. for a lawsuit.
• Possible compensation or injunctive relief under the AGG.

Disadvantages and risks

• Conflicts with the landlord can escalate and strain the tenancy.
• Enforcement is difficult without clear evidence.
• Deadlines and formal requirements must be observed.

How to proceed in practice

Proceed step by step: first document, then complain internally, and if necessary inform external bodies. A formal process helps avoid missing deadlines. If you decide to report the matter, draft the complaint factually, cite concrete examples and request clear remedial actions.

1. Documentation: Record incidents with date and time, save messages and take photos.
2. Internal complaint: Send a written complaint to the landlord or property manager.
3. External report: If internal measures fail, consider reporting to a supervisory or advisory body.
4. Final step: Consider filing a lawsuit at the competent local court and observe deadlines.

Forms and templates (official sources)

There is no nationwide federal form specifically for AGG complaints in the tenancy area, but for court actions standard templates and guidance are available:

• Templates for complaints at the local court: Check with your competent Amtsgericht for procedures.
• Guidance on procedural steps can be found in the Civil Procedure Code (ZPO) and at the courts' websites.

FAQ

What is the AGG and does it also protect tenants?

The General Equal Treatment Act (AGG) protects against discrimination for reasons such as origin, religion, gender or disability and can also be relevant for tenancy relationships.^[1]

Do I need a lawyer to file an AGG complaint?

You can file a complaint without a lawyer, especially if you have well-documented evidence. For complex cases or court proceedings, legal advice is recommended.

Which court should I turn to for a lawsuit?

For tenancy disputes, the local court (Amtsgericht) is usually competent; in higher instances the regional court and possibly the Federal Court of Justice follow.

How-To

1. Document the incident: date, time, participants, collect evidence.
2. Send a written complaint to the landlord and set a deadline for response.
3. If there is no satisfactory response, consider reporting to the competent authority or initiating legal action.

Help and Support / Resources

• Information on courts and jurisdictions at Justiz.de
• Federal Court of Justice: information on rulings and precedents
• Federal Ministry of Justice: laws and official guidance

1. [1] General Equal Treatment Act (AGG) — Gesetze im Internet
2. [2] German Civil Code (BGB) § 535 ff. — Gesetze im Internet
3. [3] Code of Civil Procedure (ZPO) — Gesetze im Internet