Challenge Excessive Rent: Tenants in Germany

As a tenant in Germany, it is important to challenge excessive rent in a timely and correct manner. Many tenants make formal mistakes, miss deadlines, or document evidence inadequately, weakening their claims. This article explains step by step how you as an existing tenant can review an excessive charge, which documents and photos are necessary, how to inform the landlord in writing, and which deadlines apply. I describe practical wording, possible landlord responses, and when going to the local court is sensible. The goal is that you exercise your rights securely, avoid unnecessary mistakes, and improve your chances of reclaiming overpaid rent.

Legal basics briefly explained

The most important civil law rules for tenancy agreements are found in the Civil Code (BGB), §§ 535–580a^[1]. Rules on court procedure can be found in the Code of Civil Procedure (ZPO)^[2]. Important supreme court decisions on the rent formula and verification duties have been issued by the Federal Court of Justice (BGH)^[3]. Use these provisions to observe deadlines and formal requirements correctly when filing a complaint.

What you should check first

Before complaining, carefully check the following points:

• Check comparable rents: note similar apartments in location and equipment.
• Review the lease and any step or index clauses.
• Calculate any overpaid amounts based on the contract data.

It is important to document each check in writing: date, calculations, links to comparable offers and screenshots.

Securing evidence

Collect concrete proof that demonstrates an excessive rent:

• Written rental contracts and amendments.
• Photos of the apartment's fixtures and condition.
• Bank receipts showing payment history and amounts.
• Market offers as comparisons (dated screenshots).

If possible, create a short evidence log with chronological points and order documents by date.

How to formally complain (sample process)

Send the landlord a written complaint with date, fact-based explanation and a deadline for response. Name specific amounts and attach copies of the main evidence. Demand repayment of overpaid rent or a corrected billing.

Formal components of the complaint

• Sender and recipient with full address.
• Clear identification of the dispute (e.g., "Excessive rent for month X").
• Specific demand (repayment/adjustment) and a reasonable deadline (e.g., 14 days).

When deadlines and court action apply

If the landlord does not respond or rejects the claim, check the deadlines for court action. Claims for rent payments or repayment are generally brought at the local court; the procedure follows the ZPO rules^[2]. If necessary, apply for legal aid if you cannot afford costs^[4].

FAQ

What is the first action if I suspect my rent is too high?

First document all evidence (contract, bank statements, photos) and request a written response from the landlord.

What deadline should I set for the landlord?

A common deadline is 14 days for a response or repayment; in complex cases a longer deadline may be reasonable.

Do I have to go to the local court?

Only if an agreement fails or the landlord does not pay. Payment disputes are usually heard at the local court.

How-To

1. First review the lease, payment history and comparable offers.
2. Collect and number evidence: photos, bank statements, contracts.
3. Draft a written complaint with a deadline and supporting evidence.
4. Await the landlord's response and document every reply.
5. If no agreement, submit documents to the local court or apply for legal aid.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Justizportal des Bundes und der Länder – Forms and guidance
• Federal Court of Justice (BGH) – Decisions

1. [1] BGB - Civil Code (gesetze-im-internet.de)
2. [2] ZPO - Code of Civil Procedure (gesetze-im-internet.de)
3. [3] Federal Court of Justice (BGH)
4. [4] Justizportal des Bundes und der Länder