Tenants: Spot and Fight Rent Gouging in Germany

Many tenants in Germany encounter unexpectedly high rent demands or hidden charges. This article explains how to spot common errors that can lead to rent gouging, what rights tenants have under the BGB, and which official forms and deadlines matter. I describe practical steps: collect evidence, check rent increases, use rent indexes and comparable apartments, and prepare a complaint that is ready for review by a landlord or court. The language stays clear and action-oriented so that immediate steps are possible even without legal background. At the end you will find frequently asked questions, a step-by-step guide, and links to official authorities.

What is rent gouging?

Rent gouging refers to situations where the demanded rent or contract terms are objectively exploitative and can therefore be invalid or contestable under the general rules of the BGB^[1]. Comparable values, the circumstances of the individual case, and the Federal Court of Justice's case law are decisive.

Common mistakes in rent gouging

• Failing to check a rent increase against rent indexes or comparable apartments (rent)
• Unclear or incomplete operating cost statements that hide additional charges (rent)
• Hidden advance payments or one-off fees instead of clear rent components (rent)
• Neglecting repairs and incorrectly charging tenants for maintenance (repair)
• Lack of documentation: no receipts, photos or written correspondence as proof (evidence)
• Ignoring deadlines for objections or lawsuits and thereby losing rights (deadline)

What tenants should do

First, review the demand in writing: request a detailed operating cost statement or the calculation of a rent increase in writing. Compile comparable offers (rent index, ads, comparable apartments) and note date and time of all conversations. Ask the landlord to correct the statement and set a reasonable deadline.

If the landlord does not respond or the reply is unsatisfactory, send a formal defect notice or a demand for repayment of overpaid amounts and consider legal steps if necessary. In many cases, a lawyer's opinion or tenant advisory service is helpful before filing a lawsuit.

Step-by-step guide

1. Collect evidence: tenancy agreements, receipts, emails, photos and listings of comparable apartments.
2. Compare the demanded rent with rent indexes and concrete comparable apartments.
3. Request a corrected statement or justification of the rent increase in writing and set a reasonable deadline.
4. If no agreement is possible, consider a lawsuit at the competent local court and inform yourself about procedural issues under the ZPO^[2].

Frequently Asked Questions

When is rent gouging present?

Rent gouging is present when the rent is grossly disproportionate to comparable apartments and the landlord takes advantage of this; the BGH case law often determines concrete standards.^[3]

Which deadlines must I observe?

Response deadlines to demands and payment deadlines vary by case; termination and eviction threats often come with very short deadlines, so act quickly.

Which forms do I need?

Use standard termination or objection forms and templates for defect notifications available on official pages of the Federal Ministry of Justice.^[4]

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§535–580a — Gesetze im Internet
• Bundesgerichtshof (BGH) — Case law on tenancy law
• Federal Ministry of Justice and Consumer Protection — Forms and information

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) — Publications and decisions
4. [4] Federal Ministry of Justice and Consumer Protection — Official forms and guidance