Tenants: Proving Excessive Rent in Germany

As a tenant in Germany, it is important to properly document an objection to excessive rent. This guide explains step by step which evidence counts, how to collect photos, payment statements and the lease, and which official forms and deadlines apply. I show concrete examples of evidence, formal wording for an objection and how to notify the district court or a conciliation body. The aim is to give you clear action steps so you can enforce your rights against the landlord or reach an out-of-court settlement. The notes are based on the relevant BGB provisions and procedures in German local courts. If necessary, I name official sample forms and give tips on preserving deadlines and evidence.

What is an objection to excessive rent?

An objection is a formal notification to the landlord that the demanded rent is alleged to be excessive from the tenant's perspective. It is not a lawsuit, but often a prerequisite for a court later to consider a rent reduction or repayment. Legal bases are found in §§ 535–580a BGB^[1] and in the procedural law of the ZPO for court actions.^[2]

Collecting evidence

Concrete evidence increases your chances of success. Systematically collect all relevant documents and note deadlines.

• Lease and addenda (evidence): signed copies and agreed escalations.
• Payment records (payment): bank statements, receipts, transfer confirmations.
• Photos of defects (repair): damage photos, logs and defect reports.
• Comparable rents (rent): rent index extracts, listings, local comparables.
• Correspondence with the landlord (notice): emails, letters, witness statements.

How to draft an objection

An objection should be clear, dated and verifiable. State the disputed amount, briefly justify it with evidence and request a response within a concrete deadline. Example short wording: "I hereby object to the excessive rent demanded for the apartment Musterstraße 1 and ask for a written response by DD.MM.YYYY; copies of evidence are attached." Attach copies (not originals) and keep proof of dispatch.

Court filings and deadlines

If out-of-court communication fails, you can file a claim with the competent local court; procedural matters are governed by the Code of Civil Procedure (ZPO).^[2] For appeals or fundamental legal questions, decisions of the Federal Court of Justice (BGH) may be relevant.^[3] Observe deadlines carefully: written objections and set time limits are often prerequisites for later claims.

How-To

1. Collect evidence (evidence): lease, payment records, photos and correspondence.
2. Check comparables (rent): consult rent index, listings and neighbor rents.
3. Send formal objection (notice): set a deadline and attach copies of evidence.
4. Contact the local court/conciliation body (court): file a claim only after careful documentation.
5. Continue securing evidence (evidence): keep all documents in chronological order.

FAQ

When should I send an objection?

Send the objection as soon as you suspect an excessive rent or unlawful charges, ideally with evidence and a reasonable deadline.

What form should an objection take?

The objection can be informal in writing but should be dated, signed and accompanied by evidence; registered mail is recommended.

Who do I contact in case of disputes?

Start with the landlord; if no agreement is reached, the competent local court or a conciliation body is the next step.

Help and Support / Resources

• BGB §535 – Gesetze im Internet
• ZPO – Code of Civil Procedure
• Federal Court of Justice (BGH) – Information

1. [1] BGB §535 – Gesetze im Internet
2. [2] ZPO – Zivilprozessordnung
3. [3] Bundesgerichtshof – Decisions and Information