Avoid Misuse Fee: Tenant Checklist Germany

As a tenant in Germany you should know the rules about the misuse fee, especially if you occupy a social flat with a housing entitlement certificate (WBS). For students this is important: changes in household size, subletting or longer stays abroad can endanger the subsidy. This guide explains in plain language what a misuse is, which deadlines and proof obligations apply and which official forms and sample letters you can use. I describe concrete steps to prepare evidence, to communicate with the housing authority and to file an objection. At the end you will find a checklist and sample texts that you can adapt directly so that you as a tenant remain secure and compliant. The information is based on German law and official regulations.

What is the misuse fee?

The misuse fee is a financial consequence when a subsidised social flat no longer meets the funding conditions, for example because people move out or additional people permanently move in. The rules on social housing promotion are set out in the Housing Promotion Act (WoFG)^[2], while the general duties of tenant and landlord are regulated in the BGB^[1]. In many cases the local housing authority decides on claims for repayment.

Checklist for students (quick overview)

• Check deadlines: report changes within the specified deadlines to the housing authority.
• Check rent payments: keep proof of payments and rent account statements ready.
• Collect evidence: registration certificates, enrolment certificates and sublease contracts scanned.
• Fill in forms: correctly complete and sign WBS application or change notification.
• Use a sample letter: send a cover letter with attachments by registered mail or secure electronic delivery.
• Observe deadlines in disputes: the local court (Amtsgericht) is competent for tenancy disputes if out-of-court resolution fails^[3].
• Keys and handover: document apartment handovers with a protocol and photos.

Steps: forms, samples and deadlines

Here you will find concrete action steps and examples of forms and sample letters that are frequently needed.

1. First contact the responsible housing authority in writing and ask for the specific procedure and deadlines.
2. Collect evidence: registration certificate, enrolment certificate, tenancy agreement, payment receipts and photos of the apartment condition.
3. Use a sample letter: state name, address, reason for notification and attach evidence; send by registered mail.
4. If you receive a notice: check deadlines for objection and use an objection form or a written objection within the deadline.
5. If no agreement is reached, consider bringing an action before the local court; seek legal advice first.

Sample letters (short examples)

Sample: Notice of temporary absence

Dear Sir or Madam, I hereby inform you that I will be temporarily at the university in [city] from [date] to [date]. My address remains unchanged. Enclosed are the enrolment certificate and evidence of the absence. Sincerely, [Name].

Sample: Objection to a notice

Dear Sir or Madam, I hereby lodge a timely objection to the notice of [date]. Reason: [short reason]. Evidence: [list of evidence]. Please review and inform me of a date to clarify. Sincerely, [Name].

Frequently Asked Questions

Who decides on repayment of a misuse fee?

The local housing authority examines the funding conditions and can issue a recovery notice; in case of doubt the local court decides on disputed cases.^[3]

What evidence do I need as a student?

Typical evidence includes enrolment certificate, registration certificate, sublease contracts, rent payment receipts and photos of the apartment condition.

How do I file an objection to a notice?

Write an objection with date and reasoning within the deadline stated in the notice and attach evidence; send it by registered mail or use the local objection form.

How-To

1. Identify the responsible authority and obtain procedural information.
2. Create a file with all relevant documents in chronological order.
3. Draft a letter or objection using the sample and send it with proof of delivery.
4. If necessary, prepare for court proceedings and respect the deadlines of the Civil Procedure Code (ZPO).

Key Takeaways

• Early communication with the housing authority reduces the risk of repayment claims.
• Careful documentation improves the chances of success in objection or court proceedings.

Help and Support / Resources

• [1] Gesetze im Internet: BGB §535 ff.
• [2] Gesetze im Internet: WoFG
• [3] Justizportal: local courts and responsibilities

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff.
2. [2] Wohnraumförderungsgesetz (WoFG)
3. [3] Justizportal: Amtsgerichte und Zuständigkeiten