Avoid Fehlbelegungsabgabe Mistakes for Tenants in Germany

Many tenants in Germany are unsure how the Fehlbelegungsabgabe for subsidised housing and the Wohnberechtigungsschein (WBS) works. This article explains in plain language which details families must check, which deadlines and forms are relevant, and which common mistakes to avoid. I describe practical steps for the WBS application, communication with the housing office, and handling notices or repayment claims. I also show when legal advice or proceedings at the local court (Amtsgericht) may be appropriate. The guidance is aimed at tenants without legal expertise and contains concrete examples so that families in Germany can act with greater confidence. At the end you will find template texts and official links.

What is the Fehlbelegungsabgabe?

The Fehlbelegungsabgabe affects households that continue to live in subsidised housing even though the eligibility requirements no longer apply. The responsible authorities are usually the funding agencies under the Wohnraumförderungsgesetz (WoFG)^[2] and the local housing offices. For the legal basis of the fee and the duties of landlords and tenants, provisions in the Bürgerliches Gesetzbuch (BGB) are relevant^[1]. Notices and possible repayments are subject to the deadlines of the Zivilprozessordnung (ZPO)^[3].

Common mistakes and how families can avoid them

• Incomplete information in the WBS application (form): missing income proofs or household details often lead to later queries.
• Ignoring deadlines on notices (deadline): respond within the given period to avoid enforcement or repayment claims.
• Lack of documentation of living situation (record): photos, lease contracts and correspondence are important as evidence.
• No contact with the housing office when unclear (contact): early enquiries can often prevent repayment demands.
• Ignoring repayment notices and court dates (court): this can lead to costly enforcement measures.

Example: A family omits an income item by mistake. If discovered later, the housing office may demand repayment. With complete evidence and prompt contact, deferrals or instalment agreements can often be arranged.

Practical action steps

If you receive a notice or are unsure, proceed as follows:

• Check: Read the notice immediately for deadlines and requirements (form).
• Document: Gather all relevant evidence: lease, income proofs and official registrations (record).
• Act: Submit missing documents on time or request an extension (deadline).
• Contact: Communicate with the housing office in writing and record phone calls (contact).

Forms and templates

Important official forms and templates include:

• Application for a Wohnberechtigungsschein (WBS): submitted to the municipal housing office; check your city’s guidance, for example the Berlin service page.
• Written defect notice or objection letter: prepare a dated template and send by registered mail or approved electronic delivery.
• For ongoing proceedings: follow forms and instructions for the local court (Amtsgericht) and consider legal advice.

FAQ

Who has to pay the Fehlbelegungsabgabe?

Payment depends on the subsidy conditions of the flat; if the flat is no longer eligible, the fee can become due. Check the notice and legal basis carefully.

How long do I have to respond?

Deadlines are specified in the notice; typically you must submit documents or file an objection within the stated period. Respond immediately and keep records.^[3]

Where can I get help if I receive a repayment notice?

Contact the responsible housing office, seek early advice from tenant associations or legal counselling and check procedures at the local court (Amtsgericht).^[1]

How-To

1. Check: Read notices and WBS documents carefully for conditions and deadlines.
2. Document: Collect the lease, income proofs and all relevant documents.
3. Act: Submit missing documents on time or file an objection.
4. Legal route: Consider whether proceedings at the local court are necessary and seek legal help if needed.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Information on WBS — Berlin.de
• Justice portal: information on courts and procedures

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Wohnraumförderungsgesetz (WoFG) — Gesetze im Internet
3. [3] Zivilprozessordnung (ZPO) — Gesetze im Internet
4. [4] Bundesgerichtshof (BGH) — Decisions and information