Avoid Occupancy Charge for Tenants in Germany

As a student you can avoid the occupancy charge in Germany if you act correctly. This guide explains clearly which rules apply to social housing and the Wohnberechtigungsschein (WBS), which forms and deadlines are important and how to document evidence securely. You will get concrete steps for reporting a move or shared use, tips for talking with the housing administration and examples of letters to landlords or authorities. I also name the responsible authorities such as the local court (Amtsgericht) and the relevant legal bases (e.g. BGB, WoFG) and link official forms. The goal is that you, as a tenant in Germany, know your rights and avoid unnecessary charges. If you have little time, you will find a short step sequence in the instruction section for quick action. Practical templates and deadline tips are also available.

What is the occupancy charge?

The occupancy charge is a municipal fee that can be required when subsidized or restricted-rent housing is not used according to the funding rules. For students this can become relevant if life circumstances change (e.g. moving away for studies) and the apartment remains registered as subsidized. Relevant legal bases can be found in the German Civil Code and housing promotion law.^[1]

Concrete steps for students

• Check WBS status and submit the WBS application (application) to the competent office.
• Report a move or permanent absence in writing to the landlord within 14 days (deadline).
• Collect evidence: certificate of enrollment, registration certificate, rental agreement and handover protocol as document (document).
• Written communication: send an informal letter to the housing administration and keep a copy (form).
• In case of conflict: sort files and consider filing a lawsuit or objection at the local court (court).

Example: sample text for a notice to the housing administration

Short template: "I hereby inform you that from [date] I will be permanently absent/move away. As proof I enclose the certificate of enrollment and request confirmation whether an occupancy check is required." Add date, signature and copies of proof.

Forms and authorities

For many measures you need official proofs or applications. You apply for the Wohnberechtigungsschein (WBS) at the responsible housing authority or city administration; the rules for the WBS are regulated in housing promotion law.^[2] In legal disputes, the local court (Amtsgericht) is the first instance for tenancy disputes, higher instances are the regional court and, where applicable, the Federal Court of Justice.^[3]

Häufige Fragen

Who decides whether the occupancy charge applies?

Usually the responsible municipal authority decides after reviewing the funding conditions and your submitted evidence.

Which proofs are typical?

Certificate of enrollment, registration certificate, rental agreement, WBS copy and correspondence with the housing administration.

Where can I turn if the administration demands the charge?

Contact the administration in writing first, then review the legal basis; if necessary, consult the local court for tenancy matters.

Instructions

1. Step 1: collect all proofs (enrollment, rental agreement, registration certificate).
2. Step 2: submit the WBS application or a deregistration confirmation to the competent authority.
3. Step 3: inform the landlord in writing and set a deadline for confirmation.
4. Step 4: if disputing a claim: gather evidence and contact the local court or legal advice.

Help & Support

• Laws on tenancy and the BGB: access the full German Civil Code (legal text).
• Housing promotion and WBS rules: housing promotion law text.
• Federal Court of Justice: information on case law in tenancy law.

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Wohnraumförderungsgesetz (WoFG) – gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) – bundesgerichtshof.de