Avoid Occupancy Surcharge: Tenant Checklist Germany
Many tenants in Germany face the risk of an occupancy surcharge when housing with social ties no longer meets the requirements. This text explains in plain language what a misallocation means, which deadlines and proofs are important, and how you as tenants can check and, if necessary, update your Wohnberechtigungsschein (WBS). You will receive a practical checklist with steps for documentation, the forms you need, and guidance on when reporting to the authority or filing an objection is sensible. The information helps you avoid administrative errors, reduce financial claims and assert your rights against landlords and authorities. Read on for concrete action steps and template letters.
What is the occupancy surcharge?
The occupancy surcharge is a fee that can apply when subsidized housing is used inappropriately. It is regulated within housing promotion and can become relevant under the Wohnraumförderungsgesetz (WoFG).[2] Municipalities check whether funding or allocation conditions have been violated; this can trigger claims if the legal requirements are no longer met.
Checklist: Steps for tenants
- Check deadlines (deadline): Note deadlines from official notices and the WBS issuance date.
- Check WBS application and decisions (form): Verify whether your Wohnberechtigungsschein covers your current housing situation.
- Collect evidence (evidence): Gather the rental agreement, registration certificate, income proofs, payment receipts and photos.
- Document rent payments (rent): Keep bank statements and receipts to prove payment status.
- Prepare formal letters (form): Prepare an objection or explanatory letter if a claim is imminent.
- Contact the authority or check the local court (court): Ask the responsible promotion office or inform yourself about the judicial route if necessary.
Rights and obligations
As a tenant, you have duties to cooperate, such as notifying changes in household size or income. Fundamental tenancy duties and rights are found in the BGB, notably regarding maintenance, rent payments and protection against termination.[1]
Frequently Asked Questions
- Can I challenge the occupancy surcharge?
- Yes. File an objection and present evidence proving your entitlement to subsidized housing.
- Which proofs are typical?
- Typical proofs include the WBS, rental contract, registration certificate, income proofs and bank statements.
- Where can I turn if the authority decides wrongly?
- Contact the responsible promotion office, seek tenant advice and, if necessary, consider legal action at the local court or higher courts.[3]
How-To
- Check your WBS application and issuance date (form).
- Note all deadlines from notices and respond in time (deadline).
- Gather all evidence and create an organized file (evidence).
- Draft an objection letter with reasoning and attachments (form).
- If necessary, prepare documents for court and inform the local court (court).
Help and Support / Resources
- Forms & legal texts (form) – BGB §§ 535–580a
- Housing promotion (form) – WoFG
- Wohnberechtigungsschein & application (form) – Service Berlin
