Avoid Common Tenant Mistakes in Germany

As a tenant in Germany you often encounter misunderstandings when applying for social housing, the WBS or allocation processes for shared flats. This text explains in a clear and practical way the most common mistakes, such as missed deadlines, incomplete documents or inappropriate behavior during viewings, and shows step by step how to avoid pitfalls. You will receive practical advice on forms, documenting damage, communication with landlords and legal steps. The aim is that you know your rights, meet deadlines and improve your chances of securing housing. The guidance applies across Germany and is based on applicable law. Read charts and examples carefully. If unsure, seek legal advice early.

Key basics

The basis is tenancy law in the Civil Code (BGB), particularly landlord duties and tenant protections ^[1]. For publicly funded housing and the Wohnberechtigungsschein (WBS) the Housing Promotion Act (WoFG) applies ^[2]. In disputes about termination, rent reduction or eviction, the competent local court (Amtsgericht) handles claims and payment orders ^[3].

Common mistakes and how to avoid them

• Missing deadlines for applications, objections or terminations and thus losing rights.
• Incomplete documents: missing income statements, certificate of rent arrears clearance or WBS not attached.
• Incorrectly filled forms or poorly copied evidence; always check originals and make copies.
• Not documenting defects: photos, dates, written defect notices to the landlord are missing.
• Relying only on verbal communication; do not forget emails or written confirmations.
• Waiting too long to take legal action on eviction or termination issues.

Practical examples

Example: For an application to social housing check deadlines immediately; illegible scans or missing signatures can lead to rejection. Make sure you apply for the WBS in time and include the correct proof.

Forms such as a sample termination letter or payment order forms are often available on official justice portals; use only official templates and check deadlines and delivery methods such as registered mail if necessary ^[3].

Concrete steps when problems arise

• Notify defects in writing in time and set a reasonable deadline for correction.
• Document: take photos of defects, record dates and send a defect list.
• Summarize conversations in writing and confirm by email if the landlord responds.
• If no solution, seek advice and consider court action at the local court.

Frequently asked questions

Who decides entitlement to social housing and the WBS?

Decisions are made based on the Housing Promotion Act and by the competent municipal or state authority; check local requirements and application rules ^[2].

What to do if a landlord enters without notice?

Entry without notice is generally not permitted. Document the event and request a cease-and-desist if necessary.

Which deadlines matter for termination and eviction?

Observe the deadlines stated in letters; if unsure, obtain legal advice and check whether objection or complaint is possible.

How-To

1. Collect: prepare an application folder with ID, income statements and, if applicable, the WBS.
2. Document: photograph defects, record dates and send a written defect notice to the landlord.
3. Set deadlines: give a reasonable deadline for remedy and announce further steps.
4. Legal steps: if necessary, prepare a claim or payment order and contact the local court.

Key takeaways

• Complete documents and timely deadlines are essential.
• Documenting defects improves success in disputes.
• Seek advice early if deadlines or consequences are unclear.

Help and Support / Resources

• BGB: tenancy law §§535–580a – gesetze-im-internet.de
• Housing Promotion Act (WoFG) – gesetze-im-internet.de
• Federal Ministry of Justice – bmj.de

1. [1] §§535–580a BGB – gesetze-im-internet.de
2. [2] Housing Promotion Act (WoFG) – gesetze-im-internet.de
3. [3] Local court and forms – justiz.nrw.de