Avoid Fehlbelegungsabgabe: Tenant Guide Germany
Many tenants in Germany receive requests regarding the Fehlbelegungsabgabe and are unsure how to respond. Families in social housing with a Wohnberechtigungsschein (WBS) are particularly affected when circumstances change. This guide explains clearly which common mistakes occur with the payment, which deadlines must be observed and which proofs landlords and authorities may require. It shows in practical terms how to organize documents, fill out forms correctly and submit necessary applications on time. With clear steps, examples and notes on local courts, relevant sections in the BGB[1] and official forms we aim to help you avoid unnecessary payments or legal disputes. I name official forms and explain when an objection or correction is sensible. If needed, we point to contact points such as the local court and responsible state authorities.
What is the Fehlbelegungsabgabe?
The Fehlbelegungsabgabe is a financial claim if social housing no longer meets the conditions or incorrect information about household size is given. The rules for social housing promotion are found in the Wohnraumförderungsgesetz (WoFG)[2]. In disputes about claims or notices, the local court (Amtsgericht) is competent; in civil law matters §§ 535–580a BGB are relevant[1].
Common mistakes and how families avoid them
- Missing deadlines: Often responses to claims or notices are sent too late; respond within the stated deadline.
- Incorrect or incomplete information: Unclear statements about household size often lead to additional claims.
- Missing proof: Important documents such as registration certificates, birth certificates or rental contracts are often lacking.
- Forms filled in incorrectly: Application texts and mandatory fields not completed or wrongly dated.
- Objection submitted too late: Objections against an administrative notice are subject to tight deadlines.
Keep rent payments and receipts organized.
Practical examples: If a household member moves out, inform the housing authority and provide the deregistration confirmation and new rental contracts. If income changes, submit income proofs. In many cases, complete and early documentation protects against claims.
Key points
- Collect documents completely: registration certificates, rental contract and birth certificates are central.
- Observe deadlines: submit responses and objections on time.
- Use official forms correctly or seek help at authorities.
FAQ
- What does Fehlbelegungsabgabe mean?
- The Fehlbelegungsabgabe is a payment obligation when social housing no longer meets the supported conditions or information about eligibility is incorrect.
- Which deadlines must I observe?
- Deadlines are stated in the notice; objections often must be filed within one month. Observe deadlines carefully to avoid legal disadvantages.
- Which forms and proofs do I need?
- Typically registration certificates, rental contract, birth certificates and income proofs. For objection and formal steps use an objection letter according to administrative procedure rules.
How-To
- Check the deadline: read the notice immediately and note the deadline.
- Gather documents: registration certificates, rental contract, birth certificates and income proofs.
- Complete the form/letter: submit objection or statement clearly, completely and signed.
- Contact the authority: if unsure, contact the responsible state authority or office early.
- Consider legal steps: in disputes a claim at the local court may be necessary; consider legal advice if needed.
