Occupancy Penalty: Students & Tenants in Germany

Many students in Germany live in subsidised housing or with a Wohnberechtigungsschein and face the question of how the occupancy penalty can be checked or revoked more quickly. As a tenant you should know which deadlines apply, which documents and forms are required and which authorities to contact. This text explains clearly how to prepare documents, which contact points are responsible, how to file objections or applications and what rights you have as a tenant. Practical steps help avoid delays and prevent unnecessary payments. At the end you will find concrete forms, court references and contacts for local courts and housing offices.

What is the occupancy penalty?

The occupancy penalty is a charge regulated by municipalities that can become due if subsidised housing no longer meets the funding requirements. The legal basis for subsidised housing and thus for rules on misallocation follows from the Housing Promotion Act (Wohnraumförderungsgesetz, WoFG).^[2]

Relevant legal bases

General tenancy law regulates landlord and tenant duties in the German Civil Code (BGB) and is important for many questions.^[1] Procedural rules and deadlines for court proceedings are governed by the Code of Civil Procedure (ZPO).^[3]

Who is affected and which documents help?

In particular, students with changes in the duration of studies, moving or deregistration must prove that they no longer occupy the flat under social conditions. For a rapid review you should have the following documents ready:

• Enrollment certificate (document) — current proof of student status
• Deregistration or registration confirmation (document)
• Tenancy agreement and recent rent payment (document)
• Payment proof / bank statement (payment) for paid charges or deposits

Practical steps: how to speed up the review

Follow a clear order: collect documents, file an application or objection with the housing office, observe deadlines and, if necessary, prepare court steps. Always communicate in writing and request acknowledgements of receipt.

Common problems and solutions

• Missing proofs: Request a written list of required documents (form)
• Missed deadlines: Check immediately for possible reinstatement or emergency options (deadline)
• Unclear responsibility: Ask your local housing office or social welfare office for the responsible contact person (call)

FAQ

What can I do if I am required to pay the occupancy penalty?

Submit all relevant proofs immediately, file a written objection against the notice and request a review from the housing office.

How much time do I have to object?

The objection period against an administrative notice varies; check the notice and act quickly to meet deadlines.

Which authority do I file an objection with?

Objections against decisions on subsidised housing are usually filed with the local housing office or the responsible municipal authority.

How-To

1. Gather all proofs (enrollment certificate, tenancy agreement, payment receipts).
2. File a formal application or objection with the housing office with a clear explanation.
3. Observe stated deadlines and request confirmation of receipt.
4. If necessary, prepare documents for court proceedings and contact the local court.

Help and Support / Resources

• German Civil Code (BGB) – Gesetze im Internet
• Housing Promotion Act (WoFG) – Gesetze im Internet
• Justice Portal – Overview of courts (e.g. local court)

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Wohnraumförderungsgesetz (WoFG) – Gesetze im Internet
3. [3] Zivilprozessordnung (ZPO) – Gesetze im Internet