Misallocation Charge: Tenants & Families in Germany
As a tenant family in Germany, it is important to know when a misallocation charge may apply and how you can avoid possible payments. This guide clearly explains the rules that apply to social housing and the Wohnberechtigungsschein (WBS), what obligations landlords have and what rights you have as a tenant. You will receive practical steps to check your entitlement, to correctly submit applications and to document for authorities or a court. I also show which official forms and courts are responsible, how to observe deadlines and which evidence helps in disputes. Read on for a step-by-step guide and frequently asked questions.
What is the misallocation charge?
The misallocation charge is a fee that may be charged to tenants if a social housing unit no longer meets the requirements (for example if the income limit is exceeded permanently or the actual apartment size no longer corresponds to the funding purpose). The legal basis for housing promotion regulations is the Housing Promotion Act (WoFG).[2]
When does it threaten families?
- If the household income permanently exceeds the WBS limits (rent).
- If the apartment is no longer eligible for funding because the household size has changed (form).
- If the authority sets deadlines for notification or relocation and these are missed (by).
- If necessary evidence (e.g. income statements) is missing or incomplete (evidence).
How can families avoid the charge?
- Check your WBS entitlement and submit required forms correctly (form).
- Monitor income changes and inform the housing office early if limits are exceeded (rent).
- Observe deadlines for notifications or objections to prevent omissions (deadline).
- Collect documents: pay slips, registration certificates, tenancy agreement and correspondence as evidence (evidence).
If you are unsure, first check in writing with your housing authority or housing office which specific documents are required. Many cities provide information on WBS and the misallocation charge on their official websites.
Forms and authorities
For WBS applications, use the application form of your federal state or city; there is no uniform nationwide form. In case of doubt, a written inquiry to the housing office can help. Courts responsible for enforcement or review of payment claims are often the local Amtsgerichte in the first instance (rental law matters).[3]
FAQ
- Who can demand the misallocation charge?
- The municipal housing authority or the landlord (with the appropriate legal basis) can demand a charge if the apartment no longer meets the funding criteria.
- Do I have to pay immediately?
- As a rule, you will receive a notice with a payment deadline; check the notice carefully and, if necessary, file an objection in due time.
- Are there exceptions for families with children?
- Some municipalities consider hardship cases and grant exemptions or installment payments; clarify this with the housing office.
How-To
- Check whether you have a valid WBS and which deadlines apply (form).
- Gather evidence: tenancy agreement, income statements and registration certificates (evidence).
- Contact the housing office in writing and ask for a precise list of required documents (call).
- Observe deadlines and, if necessary, file an objection against the notice in due time (by).
