Tenant Appeal in Germany

As a tenant in Germany you may face decisions denying housing benefit or rental subsidies. This guide explains in plain language when an appeal makes sense, which deadlines apply and which official forms and documents you should collect so your objection is timely and persuasive. We describe practical steps to document your case, how to write a clear statement and where to send your documents. The guide also outlines next steps in case of eviction or termination so you know your tenant rights and can reduce immediate risks.

When is an appeal worthwhile?

An appeal is worthwhile if the denial lacks a full justification, important evidence was ignored or deadlines related to service were not met. Check the denial for formal errors, deadline information and reasoning. If necessary, point out missing documents or obvious calculation mistakes by the caseworker.

Deadlines and forms

Deadlines are critical: in many cases you must appeal within one month. Use a written objection, preferably by registered mail or personal handover against receipt, and keep all proofs.

• Check the deadline stated in the notice and note the date.
• Use official forms or a simple letter stating the reasons and the documents you attach.
• Send the appeal in time by registered mail or deliver it personally.

Collecting evidence & procedure

Collect all relevant documents: copies of applications, bank statements, lease, medical reports or photos for housing defects and written proof of received payments. State in your objection which documents you attach and what they prove.

• Attach copies of applications, payment proofs and correspondence.
• Create a brief chronology with dates.
• For defects: include photos, defect notices to the landlord and possible expert reports.

Court steps & jurisdiction

If the appeal is refused, you may consider filing a lawsuit. Local courts (Amtsgerichte) are usually competent for tenancy disputes; higher instances are the regional courts and the Federal Court of Justice for matters of fundamental importance. Relevant laws include the BGB (tenancy law) and the ZPO for court procedures.^[1][3]

FAQ

How long do I have to file an appeal?

Typically one month after service of the decision; check the notice for the exact deadline.

Do I need a lawyer?

An attorney is not mandatory for the appeal, but legal advice is recommended for complex cases or imminent evictions.

To whom do I address the appeal?

Address the appeal to the authority that issued the decision; for housing benefit this is usually the responsible housing benefit office or municipality.

How-To

1. Prepare the form or letter: include date, name, case number and a clear justification.
2. Check the deadline and send the appeal on time.
3. Attach all relevant documents and number them in an index.
4. Send by registered mail or hand in personally against receipt.

Help and Support / Resources

• Local court: information on jurisdiction
• Housing Allowance Act (WoFG): law text and guidance
• Federal Court of Justice: decisions and case law

1. [1] Gesetze im Internet - BGB
2. [2] Gesetze im Internet - WoFG
3. [3] Gesetze im Internet - ZPO
4. [4] Bundesgerichtshof - BGH