Occupancy Charge for Tenants in Germany
Many students in Germany live with a Wohnberechtigungsschein (WBS) or in subsidized housing and need to know about the occupancy charge when their circumstances change. This text explains clearly and practically which typical mistakes occur when reporting, which deadlines and forms are relevant, and how to avoid harm from incorrect statements. I explain which documents authorities and landlords expect, how repayments can be calculated and when an objection makes sense. The goal is to give students and young tenants easy-to-understand action steps so they can respond correctly, meet deadlines and avoid unnecessary costs and legal risks. Read the forms carefully.
What is the occupancy charge?
The occupancy charge is a municipal levy that may become due if subsidized housing is occupied contrary to the funding conditions. It regulates repayments or payments when prerequisites such as household size or entitlement to a WBS change. Legal bases can be found in the Wohnraumförderungsgesetz (WoFG) and in municipal statutes and regulations.[2]
Common mistakes by students
- Missing deadlines to report changes.
- Filling out forms incompletely or incorrectly.
- Not attaching all required proofs, such as enrollment certificates or current income statements.
- Agreeing to payments or drafts without checking the decision.
Important deadlines and forms
Check the deadlines in the decision carefully. Many municipalities require reports within a few weeks after a change in life circumstances; the specific deadline is stated in the respective decision or in your municipality's statute. General legal duties of tenants can also be found in the German Civil Code (BGB).[1]
- Notification/report form of the housing authority (municipal form): Used when household size, residence status or WBS entitlement changes; example: report within 14 days.
- Objection letter against an administrative decision: Submit in writing if you want the calculation or legal basis checked; send to the issuing authority.
- Proofs such as enrollment certificate, tenancy agreement and income statements: Always include copies, not only verbal statements.
For subsidy questions and the central legal basis see the Wohnraumförderungsgesetz (WoFG), which regulates conditions for WBS and subsidy repayments.[2]
How to proceed when you receive a decision
If you receive a decision about an occupancy charge, first check the date, the deadline and the basis for calculation. Make sure the authority recorded your data correctly and which proofs are required. Minor errors such as missing attachments can often be corrected by submitting them later; for disputed repayments, consider legal advice.
FAQ
- What does occupancy charge mean?
- The occupancy charge may be levied by municipalities if subsidized housing no longer meets funding criteria and a repayment or compensatory payment is necessary.
- Do I as a student always have to pay?
- That depends on your specific situation: if you no longer meet the requirements for a WBS or the occupancy does not comply with the rules, a charge may be requested; check the decision and, if necessary, file an objection.
- How do I file an objection against a decision?
- An objection must be submitted in writing and within the deadline stated in the decision to the issuing authority; state reasons and attach proofs.
How-To
- Carefully read the decision and note the deadline.
- Collect the required proofs (enrollment, income, tenancy agreement).
- Complete forms correctly and attach copies of all documents.
- Contact the responsible authority if unsure and prepare an objection if needed.
- For legal disputes the local court (Amtsgericht) is competent; proceedings follow the Civil Procedure Code.
Key Takeaways
- Submit reports on time; deadlines are crucial.
- Complete documentation reduces the risk of repayments.
- Get information early about municipal procedures.
Help and Support / Resources
- Gesetze im Internet – BGB (statutes and explanations).
- Gesetze im Internet – WoFG (housing subsidy law and WBS rules).
- Federal Court (Bundesgerichtshof) – decisions on tenancy law.
