Tenant Appeal Against Denial in Germany

Many tenants in Germany face a denial of housing allowance or rent subsidies and wonder how to effectively file an appeal. This guide explains step by step which deadlines apply, which official forms to use and how to document your records. You will receive clear guidance on reasoning, evidence and the role of responsible authorities, as well as advice on when legal counsel or going to the local court may be useful. The goal is to provide tenants with practical, easy-to-follow steps so that denials can be reviewed objectively and, if necessary, successfully challenged. Read on for concrete sample letters, deadline information and links to official authorities such as municipal housing allowance offices and notes on court procedures. This prepares you in case a decision must be reviewed or contested.

What is an appeal?

An appeal is the formal remedy against an administrative decision, for example the denial of housing allowance or a rent subsidy. As a tenant you should read the decision carefully: reasoning, legal basis and deadline are important. In addition, the German Civil Code regulates landlord and tenant duties, which are often relevant when it comes to service charges or statements about living space.^[1]

When should tenants file an appeal?

• Deadline: Check and file an appeal within one month after delivery of the decision.
• Documents: Gather the decision, proof of income, rental contract and payment receipts as evidence.
• Form: Use the appeal form of your housing benefit office or write an informal letter including date, name, address and reasons.
• Further steps: If the appeal is rejected, filing a lawsuit at the local court may be appropriate.^[2]

Frequently Asked Questions

How much time do I have to file an appeal?

The appeal period is generally one month after receipt of the decision; check the exact date on the decision and submit on time. You can send the appeal by mail or submit it to the responsible housing allowance office.

Which documents should I attach?

Attach the decision, current proof of income, the rental contract, evidence of heating and service charges and, if applicable, bank statements. Complete documentation strengthens your chances.

What costs arise from filing an appeal?

An appeal against an administrative decision is usually free; subsequent court proceedings may incur court and attorney fees.

How-To

1. Check the decision: Note the date of delivery, deadline and reasons given in the decision.
2. Gather documents: Assemble the decision, rental contract, proof of income and receipts.
3. Write the appeal: Include date, personal data, reference to the decision and a brief justification; do not forget your signature.
4. Submit: File the form or letter with the responsible housing allowance office and obtain confirmation of receipt.
5. Next steps: If rejected, check deadlines for court action and consider legal advice.^[2]

Forms and templates

Important forms and templates you may need:

• Appeal form of the housing allowance office: Many cities offer a PDF form; alternatively, an informal letter with all relevant information is sufficient.
• Lawsuit form for the local court: If the appeal is rejected, a lawsuit is possible; inform yourself about form and deadlines in advance.
• Power of attorney (if represented): If someone acts on your behalf, include a written power of attorney.

Practical example: You receive a denial for housing allowance. Within one month you collect proof of income and the rental contract, fill out the appeal form of the housing allowance office and send it by registered mail to have proof of delivery.^[3]

Key Takeaways

• Check deadlines immediately after receiving the decision.
• Collect complete evidence before submitting the appeal.
• Use official forms of the responsible authority when available.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Service Portal of the Federal Government — Forms and information
• Federal Court of Justice (BGH) — Rent law decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Service Portal of the Federal Government — Information on appeals and forms