Misuse Charge for Tenants in Germany
Many tenants in Germany encounter the term "misuse charge" (Fehlbelegungsabgabe) in connection with publicly subsidised housing. This charge can become due if a subsidised apartment no longer meets the funding conditions or a housing entitlement certificate (WBS) is missing. As a tenant you should know who is affected, how the charge is calculated, which deadlines apply and what rights exist for objections or lawsuits. This article explains in practical terms which documents are important, which forms may need to be submitted and how you can protect yourself with the responsible authority and at the local court. The aim is that you as a tenant in Germany can make informed decisions and meet deadlines. Examples are based on §§ 535–580a BGB and provisions on the Wohnberechtigungsschein (WBS).
What is the misuse charge?
The misuse charge is a municipal levy or reclaim that can apply when a publicly subsidised dwelling no longer complies with the funding requirements. Reasons include loss of WBS entitlement or exceeding the size limits relative to household size. The legal bases are found in housing promotion law and supplementary state regulations.[3]
Who must pay it?
Essentially, this depends on whether your flat was subject to conditions at the time of funding and whether those conditions changed. Examples include:
- Tenants of an originally subsidised apartment who no longer hold a valid housing entitlement certificate (WBS).
- Households that exceed the allowable income limit and thus no longer meet the funding criteria.
- Persons who sublet a subsidised apartment or do not use it according to the purpose conditions.
How is the charge calculated?
The calculation is governed by state and municipal rules: often a monthly rent is used as the assessment base and a period is set for which the charge must be paid. The exact amount and duration vary; check the notice carefully and request a written breakdown of the calculation if needed.
Deadlines, objections and legal steps
If you receive a charge notice, check the deadlines for objection and legal action. Typically, an objection can be filed within one month; failing to act within the deadline can make the authority's claim final. For legal disputes the local court (Amtsgericht) is usually competent, with appeals to the regional court (Landgericht) or the Federal Court of Justice (BGH) possible.[2]
- Observe deadlines: usually file your objection within one month.
- Write an objection: state the facts clearly and attach supporting documents.
- Legal steps: file a lawsuit at the competent local court if the objection is rejected.
Forms and templates
Important documents for tenants include a written objection, a complete statement of claim for the local court, and the application for a housing entitlement certificate (WBS) at the municipality. Example: an objection should include the date, notice number, a short statement of facts and copies of relevant evidence; set out clearly why the charge is not justified. Sample forms and court forms are provided by the judiciary.[4]
Practical tips for tenants
- Documentation: keep copies of tenancy agreements, WBS, income proofs and correspondence ready.
- Contact early: ask the responsible housing promotion office or municipality if in doubt.
- Provide evidence: use invoices and bank statements to support your statements.
Frequently Asked Questions
- Can I object to a misuse charge notice?
- Yes. Administrative notices can generally be objected to; check the notice for the stated deadline and submit the objection in writing with supporting documents.
- Who is responsible for setting the charge?
- Usually the municipal housing promotion office or the competent municipal authority; if unsure, contact your city authority.
- What happens if I do not pay the charge?
- Enforcement measures may follow; therefore react quickly with an objection and, if necessary, a lawsuit at the local court.
How-To
- Check the notice immediately for deadlines, reasons and calculation basis.
- Gather evidence: tenancy agreement, WBS, income proofs and correspondence.
- File an objection within the deadline, including reasons and attachments.
- If rejected: consider filing a lawsuit at the local court and seek legal advice if necessary.
