Tenant Rights for Social Housing in Germany
As a tenant in Germany, you often face questions about social housing, the Wohnberechtigungsschein (WBS) or problems like no heating, defects and termination. This guide explains practically and clearly how allocation processes for social housing work, which forms are important and when you should become active at the local court or by filing objections. You will receive concrete steps for documenting defects, guidance on submitting a WBS application and examples of official forms. The goal is to enable you to enforce your rights, observe deadlines and contact the correct courts or authorities in an emergency. Concrete templates and links help further.
What applies to social housing?
Social housing is allocated according to the rules of housing promotion law; the legal basis can be found in the Wohnraumförderungsgesetz.[2] Often the municipality decides on allocation and income limits and verification procedures apply. The Wohnberechtigungsschein (WBS) is an administrative act for which you must submit a formal application; there are state or municipal forms and proof requirements.[5]
WBS: Application and allocation
- Observe deadlines: Submit the WBS application in good time before the desired move-in date.
- Income proof: Provide payslips or statements so income limits can be checked.
- Forms: Use the official application form of your city or state for the WBS.
Defects, rent reduction and deadlines
For housing defects, the BGB regulates the rights of tenants and landlords; in particular, maintenance obligations are found in §§ 535 ff. BGB.[1] Report defects in writing, document the time and extent and request remediation. In the event of significant defects, a rent reduction may be justified, but strictly observe deadlines and evidence obligations.
- Repair notice: Describe the defect in writing and set a reasonable deadline for remediation.
- Documentation: Take photos, keep logs and gather witness statements as evidence.
- Deadlines: Respond within set deadlines, otherwise claims may lapse.
Lawsuit, local court and higher instances
The first jurisdiction for many tenancy disputes is the local court (Amtsgericht); there, eviction suits and rent claims are heard.[3] Important BGH decisions shape the interpretation of tenancy law and can be relevant for individual questions.[4] If you file a lawsuit, you should observe the deadlines of the Code of Civil Procedure (ZPO) and submit evidence in an organized manner.
FAQ
- Who issues the Wohnberechtigungsschein (WBS) and what do I need it for?
- The WBS is issued by the city or the competent state office and entitles you to occupy subsidized housing; requirements and forms vary regionally.[5]
- Can I reduce the rent if the heating fails?
- Yes, in case of significant impairments a rent reduction may be possible. Report the defect in writing, document it and set a deadline for remediation.[1]
- Which court is responsible if my landlord does not respond?
- In many cases the local court (Amtsgericht) is responsible for the first instance; for overarching legal questions, courts up to the Federal Court of Justice decide on precedents.[3]
How-To
- Collect all relevant forms and documents (rental contract, income proofs, defect documentation).
- Document defects with photos and dates; create a short defect log.
- Set a written deadline for the landlord to remedy the defect.
- If there is no response, consider formal action at the competent local court or seek advice from a public authority.
- Observe deadlines under the ZPO and respond promptly to court correspondence.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) §§535 ff.
- Information on local courts and jurisdiction
- Federal Court of Justice (BGH) – Case law
- Example: WBS information from a municipality (Berlin)
