Misallocation Levy for Students: Tenants in Germany

Many tenants in Germany wonder which documents and deadlines are important for the misallocation levy affecting students. This text explains in plain language which documents municipalities or housing offices typically require, which deadlines apply, and which official forms are used. It is aimed at students and landlords alike, gives practical action steps and examples, and names responsible authorities as well as court contact points for disputes. If you are unsure which proofs to attach or how to complete an application correctly, follow the steps here and use the linked official sources for the exact legal basis.

What is the misallocation levy?

The misallocation levy can be charged by municipalities if subsidized housing is not used according to conditions (e.g., Wohnberechtigungsschein). It is intended to enforce the purpose of subsidized housing and to prevent misuse of subsidies. Legal bases can be found in the Wohnraumförderungsgesetz (WoFG) and related state regulations.^[1]

Which documents are typically required?

• document: Rental contract (complete copy with signatures)
• document: Enrollment certificate from the university (current semester)
• form: Wohnberechtigungsschein (WBS) or WBS application, if relevant
• document: Identity card or registration certificate
• document: Proofs of household members (e.g., birth certificates, if required)

Important deadlines and dates

Deadlines vary by municipality. Often the municipality must respond within a few weeks to a notice or you must resubmit documents within a stated deadline. If a levy is imposed, payment deadlines and objection periods are crucial. If unsure: file an objection in time and collect evidence.

• time: Documents usually to be submitted within 2–4 weeks after the request
• time: Objection to the notice often possible within 1 month
• rent: Observe payment deadlines in the notice to avoid enforcement

Forms and official proofs

The specific forms differ between cities and states. Usually the housing authority requires a copy of the rental contract, a current enrollment certificate, and possibly the WBS or its denial. The Wohnraumförderungsgesetz (WoFG) governs the purpose binding; specific completion instructions are provided by the respective municipality.^[1]

What to do if you receive a payment demand?

Check the notice carefully: who is claiming, what period is affected, and on what basis the claim rests? Collect all relevant documents, create a chronological summary of events, and consider whether a formal objection is appropriate. Jurisdiction for tenancy disputes often lies with the local court (Amtsgericht); for fundamental legal questions, regional courts or the Federal Court of Justice decide.^[2][3]

Example: Practical procedure for students

A typical procedure: you receive a request to submit documents. You send rental contract and enrollment proof to the housing office. The municipality checks whether a WBS would have been required. If the municipality demands a levy, you can file an objection within the deadline and at the same time submit missing proofs.

Common mistakes to avoid

• form: Submitting incomplete forms
• document: Presenting missing or expired enrollment proofs
• time: Missing deadlines without requesting an extension

FAQ

Who charges the misallocation levy?

The respective municipality or housing office can charge a misallocation levy under state law and the WoFG; exact responsibility is determined by the municipality.

What deadline do I have for objections?

The deadline is stated in the notice; it is often one month. Check the notice carefully and file an objection within that period.

Can I submit documents afterwards?

Yes, in many cases submitting documents afterwards is possible if you receive a deadline to present them. Document the submission in writing.

How-To

1. form: Check the notice immediately and note all deadlines.
2. document: Collect rental contract, enrollment certificate, ID, and WBS documents.
3. contact: Contact the housing office in writing and ask for a list of required documents.
4. court: For disputes, consider filing an objection or a claim at the local court (Amtsgericht).

Help and Support / Resources

• contact: Information on the Wohnraumförderungsgesetz and further guidance.
• contact: Overview of tenancy rules in the BGB (Sections 535–580a).
• contact: Guidance on court jurisdictions and local courts.

1. [1] WoFG - Wohnraumförderungsgesetz (gesetze-im-internet.de)
2. [2] BGB §§535–580a Mietrecht (gesetze-im-internet.de)
3. [3] Federal Office / Court information (bundesjustizamt.de)