Everything you need to know about discrimination in housing – and your right to a fair, non-racist Mietspiegel in Germany
Finding suitable housing in Germany can be a major challenge, especially in large cities. Unfortunately, many people experience discrimination because of their names, origin, skin colour or religious background. In this context, discrimination in housing is a direct violation of human rights and conflicts with the principles of the German Constitution and the General Equal Treatment Act (AGG).
What is discrimination in housing?
Housing discrimination means that rental applications are rejected or other applicants are favoured because of personal characteristics that are legally protected, such as:
ethnic or racial origin
religion or belief
sex or gender identity
disability
age
sexual orientation
Common examples of discrimination
A landlord cancels or refuses a viewing appointment after hearing a “non-German” name.
Extra documents or guarantees are requested only from people with a migration background.
Housing adverts include wording such as “for German families only” or “not suitable for foreigners”.
What is the Mietspiegel and why is it important?
The Mietspiegel is an official table or index showing the average local reference rents in a particular city or region. It is used as a benchmark to determine fair and appropriate rents and to prevent excessive rent increases.
Every tenant – regardless of their background – has the right to invoke the Mietspiegel, for example:
when signing a new rental contract
when facing a rent increase
when checking whether the rent charged is still within a legally acceptable range
In this way, the Mietspiegel helps to ensure that certain groups are not financially exploited or burdened with excessive rents because of prejudice or racist motives.
Your rights as a tenant
Right to equal and fair treatment when applying for housing
Right to transparent information about the rent and how it was calculated (e.g. based on the Mietspiegel)
Protection from discrimination under § 19 AGG, which prohibits discrimination in civil-law contracts, including rental agreements
Right to lodge a formal complaint and to take legal action if you have been discriminated against
What to do if you experience discrimination
1. Collect evidence
Save all emails and messages from portals or messaging apps
Document conversations and situations in writing
Note down date, time, names and the course of events as precisely as possible
2. Contact an anti-discrimination office
You can contact the Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes) or relevant local advisory bodies.
They provide free initial counselling, assess your case and advise you on possible next steps.
3. Seek legal support
Tenants’ associations (Mietervereine) can help with:
checking rental contracts
questions about the Mietspiegel
assessing whether discrimination has occurred
You can also consult a lawyer to examine your individual claims and options.
4. Bring a legal action
If there is sufficient evidence, you can take civil action against the landlord.
You may be entitled to financial damages and compensation for humiliation or loss of opportunity.
Is a landlord allowed to choose tenants freely?
In principle, yes – landlords are free to decide with whom they conclude a rental contract.
However:
They may not make their choice based on legally protected characteristics, such as:
origin
religion
skin colour
sex or sexual identity
It is permissible to select tenants according to objective criteria, for example:
financial reliability and ability to pay
size of the household in relation to the size of the flat
stability of income or employment
What is not allowed is rejecting an applicant just because their name “sounds foreign” or because they wear a headscarf.
The role of tenants’ associations
Tenants’ associations (Mietervereine) play an important role in protecting tenants’ rights. They support tenants by:
checking and explaining rental contracts
advising on the Mietspiegel and permitted rent levels
helping in disputes with landlords
supporting tenants in cases of discrimination or exploitation
Many associations offer low-cost membership, which often includes legal advice and, in some cases, legal representation.
Conclusion
Housing is a fundamental human right. No one should be denied fair housing because of their background, name, religion or appearance.
If you feel that you have been discriminated against while looking for housing or when renting a flat, remember:
You have clear legal rights.
There are advisory services, tenants’ associations and lawyers ready to support you.
You do not have to accept discrimination – you can defend yourself and assert your right to non-discriminatory access to housing and a fair Mietspiegel.
Important German terms
Mietspiegel: official table of local reference rents
Antidiskriminierungsstelle des Bundes: Federal Anti-Discrimination Agency
Mieterverein: tenants’ association
AGG (Allgemeines Gleichbehandlungsgesetz): General Equal Treatment Act
Diskriminierung: discrimination / unequal treatment
The editorial team of this website strives to provide accurate information based on thorough research and various sources. Nevertheless, errors may occur or some information may be incomplete or not fully verified. Please regard this article as an initial, non-binding guide and always contact the competent authorities or qualified experts for binding, case-specific advice.
