Appeal Against Denial: Tenant Rights in Germany

As a tenant in Germany you can respond to denials of applications, back payments or benefits — often the formal appeal is the only option. This practical guide explains step by step how to file a timely appeal, which documents are important and which deadlines and authority procedures you must observe. I show simple wording for letters, practical tips for preserving evidence and concrete contacts, such as the responsible local court or the social authority. The aim is for you to understand your rights under tenancy law and act quickly, even without a legal background. Read on for checklists, templates and notes on official forms so your appeal remains correct and effective.

What is a timely appeal?

A timely appeal is a short letter or notification to the authority or body that issued a decision to secure the legal deadline. It prevents the deadline from expiring while you collect additional documents or obtain legal advice. For many tenancy disputes, civil law provisions of the German Civil Code (BGB) and procedural rules of the Code of Civil Procedure (ZPO) apply for court proceedings^[1][2].

When is an appeal worthwhile?

• When applications for housing allowance or rent supplements are denied.
• If you are threatened with a termination and need time to review the case.
• If a rent reduction due to defects was rejected and you want to gather evidence.

Deadlines, form and content

Deadlines vary: for administrative decisions (e.g. housing allowance notices) the appeal period is often one month; for court disputes the ZPO delivery deadlines apply. A timely appeal should include the date, name, file number (if available) and a sentence stating that you file an appeal and will submit additional documents. Add contact details and send the letter by registered mail or by email with delivery confirmation if possible.

Important documents (checklist)

• Tenancy agreement and subsequent amendments.
• Decisions from authorities or letters from the landlord (with date and file number).
• Payment receipts, bank statements, receipts.
• Photos, defect reports, correspondence about repairs.

Forms and official guidance

For housing allowance applications or objections to administrative decisions use the official forms of the responsible municipality or federal state; the Housing Promotion Act (WoFG) governs subsidies and responsibilities^[3]. In court disputes the local court (Amtsgericht) decides most tenant cases; higher instances are the regional court and the Federal Court of Justice (BGH).

FAQ

How long do I have to file an appeal?

The deadline is stated in the decision; often one month for administrative acts or short deadlines after service. Check the date on the decision.

Does an email appeal count as timely?

Yes, if the email clearly states the appeal, the sender and date are identifiable and the authority accepts emails. Registered mail is safer.

Do I have to send all evidence immediately?

No. A timely appeal secures the deadline; missing evidence can be submitted later. However, note which documents will follow.

How-To

1. Check the date on the decision and the specified appeal deadline immediately.
2. Write a short appeal letter with date, name, file number and a note that you will submit documents later.
3. Collect essential documents: tenancy agreement, decisions, payment receipts, photos.
4. Send the letter by registered mail or email with proof and document the dispatch.
5. If needed, seek legal advice or contact the responsible local court for tenancy matters.
6. Submit missing documents promptly and keep copies for your records.

Help and Support / Resources

• Contact: Federal Ministry for Housing – housing allowance information
• Laws online – legal texts (BGB, ZPO, WoFG)
• Federal Court of Justice (BGH) – tenancy case law

1. [1] German Civil Code (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) — Gesetze im Internet
3. [3] Housing Promotion Act (WoFG) — Gesetze im Internet