Tenants: Avoid Fehlbelegungsabgabe in Germany
Many families in Germany live in social housing and rely on a Wohnberechtigungsschein (WBS). A Fehlbelegungsabgabe can become payable if income or household size rules are no longer met; this can be unexpectedly costly. This practical guide explains in plain language which rules apply, which official forms and deadlines are important, and which steps tenants can take to avoid a payment or remain eligible. We describe practical evidence, contacts with authorities and the court responsibilities so families know their rights and can act in time. The information is general and includes links to official legal texts and practical form guidance. Read the steps and check your documents so you are prepared in case of a review.
What is the Fehlbelegungsabgabe?
The Fehlbelegungsabgabe is a charge that can apply when a subsidised social apartment no longer meets the eligibility conditions for the Wohnberechtigungsschein, for example because household income rises or household composition changes[2]. The legal bases for tenancy and obligations are found in the German Civil Code (BGB), in particular regarding duties of tenants and landlords[1].
Who is affected and when is a payment due?
Households in subsidised apartments are affected if the conditions for the subsidy lapse. Typical triggers are permanently increased incomes, changed household status or incomplete reporting duties to the housing authority. An audit is usually carried out by the housing management or funding authority; there are deadlines for notifications and supplementary documents.
Practical steps: evidence and communication
If you want to prepare, start collecting documents early, observe deadlines and report changes. This reduces the risk of a subsequent claim.
- Form: Check the WBS application, apply for renewal and keep copies.
- Evidence: Gather income statements, payslips, rental contract and registration certificates.
- Time: Observe deadlines for enquiries and decisions and respond in time.
Forms, notifications and authorities
WBS forms and the required evidence are usually issued by the municipality or the responsible housing authority; check the requirements of your municipality and submit complete documents. For legal enforcement, the local court (Amtsgericht) is competent for tenancy procedures or eviction claims[4] and procedural rules are in the Code of Civil Procedure (ZPO)[3].
What to do if you receive a payment request?
If you receive a claim notice, check the calculation and proper service. Collect all receipts and reply in writing within the deadline. If appropriate, you can file an objection and request an instalment plan or hardship review.
FAQ
- Do I have to pay the Fehlbelegungsabgabe immediately?
- Not always; first check service, deadlines and calculation and, if necessary, file an objection or appeal in time before paying.
- How can I prove that I remain eligible?
- By providing complete income proofs, registration certificates and current rental contracts; submit copies to the competent authority.
- Who should I contact if unclear?
- Contact the housing management, the responsible funding authority or the local court for tenancy questions.
How-To
- Form: Check WBS status and apply in time for renewal or update.
- Evidence: Collect payslips, rental contract, registration certificates and other relevant documents.
- Time: Submit documents within the required deadlines to the housing authority.
- Court: If you get a claim, consider objection and inform the competent local court.
Help and Support / Resources
- BGB §535 ff. – Gesetze im Internet
- Wohnraumförderungsgesetz (WoFG) – Gesetze im Internet
- Information on local courts – Justizportal
