Avoid Fehlbelegungsabgabe: Tenants in Germany
As a tenant in Germany you may sometimes face complex rules about social housing and the Wohnberechtigungsschein (WBS). This article explains in practical terms how the Fehlbelegungsabgabe works, which deadlines and proofs are important, and which official forms you should use. I describe clear steps: checking WBS status, documenting living arrangements, responding to notices within deadlines, and examples of formal letters. The language remains accessible and legal terms are explained. At the end you will find a guide to applications, relevant statutory provisions and authority contacts. The goal is to avoid unnecessary payments and to protect your rights as a tenant in Germany. Also read the notes on possible talks with your landlord and steps before the local court.
What is the Fehlbelegungsabgabe?
The Fehlbelegungsabgabe is a charge that can be imposed if housing with social binding is not used as intended. Details are regulated especially by the Wohnraumförderungsgesetz (WoFG).[2] For the tenancy itself, §§ 535–580a of the BGB remain relevant because they describe duties of tenant and landlord, such as notification obligations and contract interpretation.[1]
When is the charge imposed?
A charge may be imposed, for example, if a subsidised flat is occupied by too many people, if an entitled person moves out or if the WBS requirements no longer apply. Authorities often check deadlines and evidence; respond quickly to notices. In individual cases a procedure before the local court may be necessary.
Immediate actions for tenants
- Check deadlines: Respond within the deadline stated in the notice and record deadlines in writing.
- Collect documents: tenancy agreement, WBS, registration certificates and proof of household size.
- Request forms: Ask your municipality for the WBS form or objection documents and submit them on time.
- Contact landlord and authority: Clarify misunderstandings quickly and arrange an appointment if necessary.
Forms and authorities
Important forms are the application for a Wohnberechtigungsschein (WBS) at your city or municipality, possibly a formal objection to a notice, and if necessary a complaint for the local court. The WBS application is handled by municipalities; contact your housing office. For legal steps the rules of the Code of Civil Procedure (ZPO) apply.[3]
One practical example: If the authority demands the Fehlbelegungsabgabe with a deadline, gather the tenancy agreement, registration certificate and a copy of the WBS, complete the municipality's objection form and attach proof. Submit documents in person or by registered mail and document the handover date.
How-To
- Check deadlines in the notice immediately and record dates.
- Gather evidence: tenancy agreement, WBS, registration certificates and photos if needed.
- Request the WBS form and objection form from your municipality and complete them.
- If necessary: prepare a complaint or objection and file it at the competent local court.
Frequently Asked Questions
- Who charges the Fehlbelegungsabgabe?
- The housing promotion authority of the municipality may impose the charge if public obligations are violated.
- Do I have to pay immediately?
- No, first check the legal basis and file an objection within the deadline. Paying without review can make later reimbursement difficult.
- Where to turn in case of dispute with the authority?
- Contact the responsible housing office and, if necessary, the local court; legal advice may be useful.
