Occupancy Surcharge for Students in Germany

The occupancy surcharge can affect students who live in a subsidised apartment even though their eligibility has changed. As a tenant in Germany you should understand when a surcharge may be demanded, which obligations apply under tenancy law^[1] and how deadlines and forms work. This guide explains step by step how students can check whether they are affected, which documents are needed and how to file an objection or communicate with the housing authority. We avoid legal jargon and give practical tips on documentation, deadlines and the right contact person. By the end you will know the main steps, relevant laws and where to find official forms. Read on for examples and template forms.

What is the occupancy surcharge?

The occupancy surcharge is a payment obligation that arises when a subsidised apartment no longer meets the eligibility criteria. The housing authorities at municipal level are usually responsible; relevant regulations are found in the Housing Promotion Act (WoFG)^[2]. For tenants this means: If you receive a notice about occupancy, carefully check deadlines and eligibility and gather supporting documents.

What steps should students as tenants take?

• Check deadlines: Note the deadlines and dates stated in the notice.
• Collect evidence: Enrollment certificate, tenancy agreement and, if applicable, the housing entitlement certificate (WBS).
• File an objection or submit a statement: Send a written response to the housing authority if you dispute the notice.
• Consider legal action if necessary: In disputes, the local court (Amtsgericht) is competent; inform yourself about procedural rules.^[3]

If you are unsure how to draft an objection, a short letter with your address, the file number from the notice, a brief account of your view and the enclosed evidence is often sufficient. Explicitly state deadlines to protect your rights.

FAQ

When does the occupancy surcharge become due?

The surcharge may become due if a subsidised apartment permanently fails to meet the funding conditions, for example if a WBS is no longer valid or household size no longer matches.

What documents do students need?

Typical documents are a current enrollment certificate, the tenancy agreement and, if applicable, the housing entitlement certificate.

Where can I turn if I want to challenge the notice?

First to the issuing housing authority; if that does not help, legal remedies at the local court can be considered.^[3]

How-To

1. Check: Read the notice carefully and note all deadlines.
2. Collect: Make copies of enrollment certificate, tenancy agreement, payment receipts and WBS.
3. File an objection: Write and submit a written objection or statement to the housing authority within the deadline.
4. Legal steps: If required, consider filing a lawsuit at the local court and review the ZPO for procedure.^[4]

Key takeaways

• Act quickly: Deadlines are decisive.
• Gather complete evidence before replying.

Help and Support

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a – gesetze-im-internet.de
• Housing Promotion Act (WoFG) – gesetze-im-internet.de
• Information on courts (Amtsgericht) – justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] Wohnraumförderungsgesetz (WoFG) – gesetze-im-internet.de
3. [3] Information on courts (Amtsgericht) – justiz.de
4. [4] Code of Civil Procedure (ZPO) – gesetze-im-internet.de