Tenant Tips: Misoccupancy Fee in Germany
Many students in Germany underestimate the rules on the misoccupancy fee and thus make avoidable mistakes with the housing entitlement certificate or notifications to the housing authority. As a tenant, it is important to know deadlines, the correct forms and how to document your housing situation to avoid additional claims or fines. This text explains in clear language which typical mistakes occur, which receipts and forms are often missing and how to proceed systematically if the authority inquires. The guidance is based on German tenancy and housing promotion law[2] and shows concrete steps for students as well as examples of how to fill out forms correctly and which courts are competent if a legal dispute arises[3].
What is the misoccupancy fee?
The misoccupancy fee is a payment that can be required if subsidized housing is not used according to the terms. The legal basis is found in housing promotion law.[1]
A fee can only be claimed on the basis of statutory regulations.
Common mistakes and how to avoid them
- Missing deadlines (within 4 weeks): not responding to official inquiries in time.
- Incorrect or missing forms (form): WBS application or notification forms not fully submitted.
- Incomplete documents (document): missing enrollment certificate or unreadable tenancy agreement.
- Ignoring financial notices (rent): not checking or not paying claims on time.
- Neglecting legal channels (court): not knowing which court or authority is responsible.
Keep all evidence such as the tenancy agreement and enrollment certificate stored separately and in order.
What to do when you receive a notice?
Carefully check the demand and compare the stated deadlines with your records. Request a detailed breakdown if unclear and submit missing forms within the stated deadline.
- Form: complete and submit the required application or correction form (form).
- Documents: attach enrollment certificate, current tenancy agreement and payment receipts (document).
- Deadline: respond within the given timeframe (within); ask for an extension if necessary.
Respond in writing and on time to avoid legal disadvantages.
Frequently Asked Questions
- Can the misoccupancy fee be claimed retroactively?
- Yes, under certain conditions the authority can make back claims; check deadlines and the applicable legal provisions.
- Do I need a housing entitlement certificate (WBS)?
- The WBS is a prerequisite for certain subsidized apartments; without a valid WBS a fee or reclaim may be possible.
- Which court is competent in case of dispute?
- For tenancy disputes, the local court (Amtsgericht) is usually competent in the first instance; higher courts include the Landgericht and the Federal Court of Justice.
How-To
- Check deadlines and the date of the notice carefully (within).
- Complete the required form thoroughly and verify all details (form).
- Attach all relevant evidence as documented proof (document).
- For contested claims: consult the competent local court or a counseling service (court).
Help and Support / Resources
- Contact (contact): Civil Code (BGB) – tenancy law
- Contact (contact): Housing Promotion Act (WoFG)
- Contact (contact): Federal Court of Justice (BGH)
