Misallocation Charge: Tenant Proofs in Germany

As a tenant in Germany, a demand to pay a misallocation charge can come as a surprise. This article explains step by step how tenants can provide proof, which documents landlords or authorities expect and which deadlines apply. We explain relevant forms and practical examples for social housing and the Wohnberechtigungsschein (WBS). We also show which authorities and courts are competent in disputes and how to document evidence securely.^[3] The language is simple and action-oriented so you quickly know when to submit forms, which proofs are sufficient and which official bodies in Germany can help. We give practical tips for preserving evidence such as photos, rent payments and written statements and guidance on how and when to file an objection.

What is the misallocation charge?

The misallocation charge is a municipal or state-level levy imposed when social housing slots or rent-controlled housing no longer meet the funding requirements. The legal basis can derive from the Wohnraumförderungsgesetz and state regulations.^[2] For tenancy obligations like maintenance, termination and return of the living space, the basic rules of the BGB apply.^[1]

Which documents count as proof?

• Tenancy agreement and all amendments, including addenda and forms (form).
• Rent payments and receipts or bank statements that prove payment and period (rent receipts).
• Photos of the apartment condition, handover protocols and correspondence as evidence (photo, document).
• Wohnberechtigungsschein (WBS) or rejection notices; note that WBS applications vary by federal state.
• Registration confirmation and registration certificates if occupancy or household size is relevant.

Practice: forms and concrete steps

Important forms include, for example, a formal objection to an administrative decision (objection letter) and the application documents for the WBS at the responsible housing office. The Federal Ministry of Justice does not provide a uniform template for objection or termination texts; forms are often regulated locally. If you receive a decision, check the deadlines carefully and submit the objection in time, typically within one month.

Frequently Asked Questions

Can I file an objection against a demand for a misallocation charge?

Yes, an objection against an administrative decision is usually possible in the correct form and within the deadline; describe exactly which proofs you will submit.

Which deadlines apply for the proof?

Deadlines vary depending on the decision; often an objection must be filed within one month or proofs submitted within the period stated in the decision.

Who is responsible in disputes?

Initially, the administrative offices or the local housing office are responsible; in legal disputes the local court (Amtsgericht) is involved and appeals can go to the higher regional court and the BGH.

How-To

1. Collect all relevant documents: tenancy agreement, payment receipts, photos and WBS.
2. Check deadlines in the decision and note the dates for objections or submissions.
3. Draft a clear objection or formal letter to the housing office and attach copies of the documents.
4. Contact the responsible housing office or municipal authority for a meeting and request confirmations of receipt if necessary.
5. If proceedings start, seek assistance from the local court or an expert advisory service.

Key takeaways

• Early documentation reduces disputes and makes proving your case easier.
• Observe deadlines strictly, especially for objections and the validity of decisions.
• Submit copies rather than originals and obtain confirmations of receipt.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§535–580a
• Wohnraumförderungsgesetz (WoFG)
• Bundesgerichtshof (BGH) – Decisions

1. [1] Gesetze im Internet - BGB §§535–580a
2. [2] Gesetze im Internet - Wohnraumförderungsgesetz (WoFG)
3. [3] Gesetze im Internet - Zivilprozessordnung (ZPO)