Tenants: Avoiding Misallocation Fee in Germany
As a tenant in Germany, the misallocation fee can affect families who occupy a publicly subsidised flat longer than permitted. This guide explains in clear steps what the misallocation fee means, who may have to pay it and how you as a tenant can properly manage deadlines, applications and evidence. It is aimed at families and households with a Wohnberechtigungsschein (WBS) as well as tenants who want to check whether their flat remains eligible for subsidy. We show practical checkpoints, which forms are relevant, how to secure documents and which courts are competent. The goal is to give tenants in Germany concrete actions to avoid financial claims. Read the checklist and prepare documents so you can react quickly.
What is the misallocation fee?
The misallocation fee is a special charge that can be imposed if a publicly subsidised flat no longer meets the funding requirements. It is intended to protect the municipal funding purpose and is calculated based on the respective housing promotion laws.[1]
Who must pay?
Tenants or households can become liable to pay if, for example, the flat size, income situation or actual use no longer matches the subsidy. Authorities often review retrospectively and set payment periods; therefore deadlines and signed applications are important.
Checklist: Steps for families
- Check deadlines (deadline): Determine by when authorities may take action and note all deadlines.
- Prepare WBS documents (form): Collect the Wohnberechtigungsschein, approval notices and application copies.
- Secure evidence (evidence): Store photos, tenancy contracts, bank statements and correspondence digitally and physically.
- Respond to official letters promptly (deadline): Reply within the stated deadlines and request an extension in writing if necessary.
- If unclear, contact the local court/ legal aid (court): Clarify whether a legal review is advisable.
Forms and examples
Relevant application examples:
- Application for Wohnberechtigungsschein (WBS): With this form households apply for proof of subsidy entitlement; submit up-to-date income declarations and family certificates. An example and information about the WBS can be found on the local Service Portal Berlin.[3]
- Objection/response to authority letters (form): If you receive a payment request, submit an objection or statement with evidence within the deadline.
What to do in disputes: court & deadlines
In legal disputes, the provisions of the Civil Code (BGB) and civil procedure rules (ZPO) must be observed; jurisdiction is usually with the local courts for tenancy disputes. Document every step and consider applying for legal aid if costs are a barrier.[2]
Frequently Asked Questions
- Do I have to pay the misallocation fee immediately?
- Not necessarily; in many cases the authority issues a payment request and there are deadlines for objections or instalment payments. Check the service of the notice carefully and reply within the deadline.
- How do I prove my subsidy entitlement?
- With the WBS, income statements, birth certificates and the current tenancy agreement. Copies and digital scans help to present evidence quickly.
- Where can I get help if unclear?
- Contact the issuing authority first; for legal questions contact the competent local court or a tenancy advice service.
How-To
- Check subsidy status: Verify whether your flat is publicly subsidised and whether a WBS exists.
- Collect evidence: Gather tenancy contract, bank statements, pay slips and family documents.
- Observe deadlines: Reply to official letters within the specified periods.
- Seek support: Advice centres or tenancy lawyers can review options.
- Consider court review: If necessary, have the case assessed by the local court and apply for legal aid.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
- Service Berlin: Wohnberechtigungsschein (WBS)
- Federal Court of Justice (BGH) - Information on case law
