Tenants: Avoid Fehlbelegungsabgabe in Germany
As a tenant in Germany, the Fehlbelegungsabgabe can become costly if social housing is used incorrectly. This article explains in plain language what the charge means, when it can occur and what obligations you have as a tenant. You will receive a practical checklist of important proofs, clear guidance on the Wohnberechtigungsschein (WBS) and official forms, and concrete steps to avoid mistakes or respond correctly. The information refers to German tenancy and social housing law and points to official statutes and authorities so you can decide confidently.[2] Practical examples show how to collect evidence, meet deadlines and complete forms correctly. If necessary, we also explain how to proceed with disputes against the landlord at the local court or when to seek legal advice.[1]
What is the Fehlbelegungsabgabe?
The Fehlbelegungsabgabe is a retroactive charge when housing intended for eligible occupants is used by persons who do not meet the requirements. The concept is part of housing promotion law and aims to ensure social housing is used according to its purpose. Authorities base their actions on legal provisions such as the Wohnraumförderungsgesetz (WoFG) and the general tenancy provisions in the BGB.[2][1]
When is the Fehlbelegungsabgabe likely?
- Application for Wohnberechtigungsschein (WBS) not submitted or invalid
- Rent or household changes not reported and income limits exceeded
- Administrative review or court decision confirms non-eligibility
Important documents & forms
- WBS application (Wohnberechtigungsschein) – completed form and proofs, e.g. income statements and ID documents [3]
- Tenancy agreement, handover records and all rent payments as documents
- Correspondence with the landlord: emails, letters and deadline notices as evidence
Practical steps when you receive a payment demand
If you receive a notice for Fehlbelegungsabgabe, first check the demand for formal errors and compare the indicated periods with your records. Note deadlines and prepare your proofs.
Frequently Asked Questions
- Who decides on the Fehlbelegungsabgabe?
- The responsible housing authority or promotion office reviews eligibility and issues the notice; in case of dispute the local court decides.
- Can I file an objection to a notice?
- Yes. In general you can file an objection or bring a claim against a notice. Submit objections on time and present evidence.
- Which deadlines matter?
- Pay attention to objection and payment deadlines stated in the notice. Missing deadlines may forfeit your rights.
How-To
- Check deadlines: note all deadlines from the notice and schedule tasks.
- Collect proofs: prepare tenancy agreement, payment records and application documents.
- Complete forms: submit missing applications such as the WBS application fully.
- Contact authorities: speak to the promotion office or landlord to clarify the situation.
- Legal steps: consider objection or court action at the local court if necessary.
Help and Support
- [1] Bürgerliches Gesetzbuch (BGB) §535 Mietvertrag
- [2] Wohnraumförderungsgesetz (WoFG)
- [3] Wohnberechtigungsschein (WBS) – Service Berlin
