Avoid Fehlbelegungsabgabe – Tenants in Germany

If you are a tenant in Germany worried about being affected by a Fehlbelegungsabgabe, this guide offers clear steps and practical advice. I explain what Fehlbelegungsabgabe means, which rules apply to the Wohnberechtigungsschein (WBS) and what duties landlords and tenants have. You will learn which documents are important, how to meet deadlines, where to find official forms and when legal or court clarification may be necessary. The focus is on preventive measures: timely reporting of changes, complete documentation and controlled communication with the landlord. This helps you as a tenant to keep your rights and avoid unnecessary payments. If in doubt, official offices, forms and the local court can help as contact points.

What Fehlbelegungsabgabe means

The Fehlbelegungsabgabe is charged when a subsidized apartment is occupied without authorization or the eligibility conditions have changed. Regulations are set out in the Wohnraumförderungsgesetz (WoFG)^[2] and apply in addition to tenancy obligations under the German Civil Code (BGB) §§ 535–580a^[1]. If in doubt, the competent authority decides, and disputes are usually heard at the local court (Amtsgericht)^[3].

Preventive steps

• Report changes in household size in good time (deadline): observe deadlines.
• Collect evidence and documents (document): pay slips, registration certificate, WBS copy.
• Complete and submit applications and forms (form) correctly: e.g. WBS application to the municipality.
• Inform your landlord in writing and keep copies (contact): document communication.
• If a household change is planned, schedule the move early (move-out): organize any new registration.

Forms, objections and deadlines

Important forms include the application for issuance of a Wohnberechtigungsschein (WBS application) and, if necessary, an objection to administrative decisions. Use templates from the Federal Ministry of Justice or the forms of your municipality^[4]. An objection must be filed within the deadline; observe the deadlines stated in the decision and submit all evidence.

FAQ

Who pays the Fehlbelegungsabgabe?

The charge is levied on the person/household that no longer occupies the subsidized apartment in accordance with the rules; the authority checks responsibility in individual cases.

How do I check eligibility for a WBS?

Check your municipality's income limits and apply for the WBS at the competent office; have pay slips and registration certificates ready.

How can I contest a claim?

File an objection within the specified deadline and provide evidence; if necessary, a procedure at the local court may follow.

How-To

1. Check whether you live in a subsidized apartment and whether a WBS is present.
2. Gather all relevant documents: income, registration data, tenancy agreement.
3. Submit required forms on time (deadline) and observe deadlines.
4. Contact the competent authority and inform the landlord in writing.
5. If necessary, prepare documents for court clarification and seek legal advice.

Help and Support / Resources

• BGB: German Civil Code §§ 535–580a
• WoFG: Housing Promotion Act
• Federal Court of Justice (BGH) — tenancy law rulings

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Wohnraumförderungsgesetz (WoFG)
3. [3] Information on the court system and local courts
4. [4] Templates and guidance from the Federal Ministry of Justice