Appeal Against Housing Benefit Denial for Tenants in Germany

As a tenant in Germany, a rejection of housing benefit or rent subsidy can have serious consequences. This guide explains in plain language how to appeal a rejection notice, which documents support landlord or authority decisions, and which deadlines apply. The guide is practical and tailored to families: it shows which proofs (e.g. lease, pay slips, service charge statement and photos of defects) are necessary, how to correctly draft an informal appeal and which authorities or courts are competent. At the end you will find a step-by-step guide, frequently asked questions and official contact points in Germany so you can act quickly and protect your tenant rights. Concrete examples, templates and phrasing aids help with quick action.

Grounds for appeal and legal basis

If a housing benefit or rent subsidy application is rejected, first check the rejection notice for the reasoning and legal basis. Relevant provisions include the German Civil Code (BGB) §§ 535–580a^[1] for tenancy law and the Civil Procedure Code (ZPO)^[2] for court proceedings. For housing benefit applications, special administrative deadlines and jurisdictions apply; consult the Federal Ministry of the Interior's housing benefit information for details.^[3]

Documents you need

• Lease agreement (rent) – current copy showing rent amount and parties.
• Pay slips or benefit notices (payment) – last three months or proof of family benefits.
• Service charge statement (fee) – evidence of chargeable costs.
• Correspondence and notices (evidence) – official rejections, emails, appeal confirmations.
• Photos and evidence of defects or heating problems (repair) – if housing quality is relevant to the case.
• Identity card or registration confirmation – proof of identity and residence.

How to write the appeal

An appeal can often be informal, but should include: your name and address, date of the notice, the specific decision you contest, reasons, which documents you attach, and a signature (for families, a guardian's signature if applicable). Clearly state what decision you dispute and why (factually or legally), and attach copies of the relevant proofs. For guidance on housing benefit applications and the responsible offices, refer to the BMI information.^[3]

Court steps and jurisdiction

If the appeal does not succeed, administrative or civil court action may follow. Tenancy disputes are usually handled by the local court (Amtsgericht), and higher-value disputes by the regional court (Landgericht). Key procedural rules are in the ZPO.^[2] For national precedents, decisions of the Federal Court of Justice (BGH) are relevant. Before suing, review prospects of success and deadlines and submit complete documents.

FAQ

How long do I have to file an appeal?

Generally, you have one month after delivery of the notice; check the notice for the exact deadline.

Do I need a lawyer?

Not necessarily; however, legal advice is useful for complex cases, high values or missed deadlines.

Where do I send the appeal?

Send the appeal to the authority that issued the notice, for housing benefit usually to your municipal housing benefit office.

How-To

1. Collect documents (evidence) – copy lease, pay slips, service charge statements, photos and correspondence.
2. Draft the appeal (file) – state facts and reasons briefly, attach documents, sign and send as required.
3. Respect deadlines (deadline) – submit the appeal within the specified period and keep proof of delivery.
4. Consider court action (court) – if rejected, assess suing options before the competent local court.

Help and Support / Resources

• BMI housing benefit information
• Gesetze im Internet: BGB
• Federal Court of Justice (BGH)

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1. [1] Gesetze im Internet: BGB §535
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Federal Ministry of the Interior: Housing Benefit