Avoid Fehlbelegungsabgabe for Tenants in Germany

Many tenants in Germany face the question of how to avoid a Fehlbelegungsabgabe for social housing. Families and flatshares are particularly affected when WBS rules are not followed or living situations change. This article explains in plain language which documents are important, which deadlines apply and which steps you as a tenant should take to minimize legal risks. We name relevant forms, show practical documentation steps and describe when an objection or advice through the local court is sensible. The guidance is general and tailored to German regulations so that you can deal more confidently with landlords, authorities and possible claims. Read on for step-by-step tips.

What is the Fehlbelegungsabgabe?

The Fehlbelegungsabgabe is a payment that may be required if a social apartment is not allocated or used according to the conditions. Housing promotion law regulates requirements and exceptions, and tenancy obligations under the Civil Code must also be observed^[1]. Authorities usually check WBS entitlements and whether the occupancy of the apartment complies with funding conditions^[2].

Who is affected?

Affected are tenants of subsidised apartments, especially if household size changes or people move in permanently. Families, shared flats and subtenants should check whether their occupancy still matches the Wohnberechtigungsschein (WBS) and report changes in good time^[3]. Landlords also have reporting obligations; in disputes the Amtsgericht and higher instances are responsible^[4].

Practical checklist: How families and flatshares avoid the fee

• Check your WBS documents and the conditions of the funding agreement immediately after moving in.
• Inform the landlord or housing authority in writing about household changes and keep records of proof.
• Collect documents: registration certificates, sublease agreements, birth certificates and bank statements as proof of livelihood.
• Observe deadlines for notifications and objections; respond in writing within stated timeframes.
• Use official forms for applications or notifications and document dispatch and receipt.
• Seek legal advice early if claims arrive or the authority gives unclear information.

FAQ

What is the Fehlbelegungsabgabe?

The Fehlbelegungsabgabe is a payment obligation when a subsidised apartment no longer meets its intended purpose or occupancy rules; it is regulated by housing promotion law.

When do I have to pay the fee?

You must pay if the authority finds that the occupancy no longer complies with the funding conditions and issues a claim; there are usually deadlines for comments or objections.

How can I challenge a claim?

Check the grounds, gather evidence and file an objection within the deadline or seek legal advice; in disputes the competent local court decides.

How-To

1. Check your documents immediately and note any changes in the household.
2. Create copies of registration certificates, sublease agreements and other evidence.
3. Send a written notification to landlord and authority and document dispatch and receipt.
4. File an objection if you receive an unjustified claim and attach all evidence.
5. If necessary, prepare a response or statement for the local court and observe procedural deadlines under the ZPO^[5].

Help and Support / Resources

• Civil Code (BGB) §535 ff.
• Housing Promotion Act (WoFG) - information
• Wohnberechtigungsschein (WBS) – regional information

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Wohnraumförderungsgesetz (WoFG)
3. [3] Wohnberechtigungsschein (WBS) – Landesinformation
4. [4] Bundesgerichtshof (BGH) – court jurisdiction
5. [5] Code of Civil Procedure (ZPO) – court procedures