Tenants in Germany: Prove Wrong-Occupancy Charge

As a tenant in Germany, careful documentation and the right approach can help you avoid being wrongly charged a wrongful-occupancy fee. This article clearly explains which proofs landlords and authorities expect, which deadlines apply and which official forms you need. I show practical steps for collecting evidence, from rental agreements to registration certificates and WBS documents, and explain how to submit applications and objections correctly. The guide covers local courts as competent authorities in disputes, relevant BGB sections and useful tips for photos, witnesses and a checklist you can use immediately to protect your rights as a tenant in Germany.

What is the wrongful-occupancy charge?

The wrongful-occupancy charge is a municipal or state-level measure used to check whether a subsidized apartment is being used without authorization. Housing offices and funding authorities are usually responsible; legally relevant rules are found in the Housing Promotion Act (WoFG) and tenancy law in the BGB ^[2]. In disputes about liability for the charge, local courts can decide, with civil procedure rules applying ^[3].

Which proofs are useful?

The following documents help prove entitlement to use a subsidized apartment. Gather originals and copies and keep a simple folder structure.

• Mietvertrag (rent): Copy of all pages with terms, signatures and attachments.
• Meldebescheinigung (registration): Current registration confirmation from the residents' registration office.
• Wohnberechtigungsschein (WBS): Application confirmation or a copy of the WBS if issued.
• Household proofs (proof): Income statements, tax assessments or certificates about household members.
• Payment receipts (rent): Bank statements or receipts showing rent payments.
• Correspondence (form): Communication with landlord or authority, including decisions and objection confirmations.

Forms, deadlines and competent authorities

For tenants, three formalities are especially important: the application for a Wohnberechtigungsschein at the municipality, the written objection to a fee or charge decision and, if necessary, a claim before the local court. Tenancy law in the BGB regulates the obligations and rights of the tenancy, and the ZPO governs court procedures ^[1][3]. Check deadlines immediately after receiving a decision; missing a deadline can significantly reduce your chances.

FAQ

How do I apply for a Wohnberechtigungsschein (WBS)?

You apply for the WBS at the responsible housing office of your city or municipality. There you will find the application form and details on required documents; practices vary by federal state.

What should an objection to a decision include?

An objection should include name, address, decision date, reasons and a list of attached proofs. Send copies, not originals, and keep proof of dispatch.

When should I involve a local court?

If objection and administrative steps do not succeed, filing a claim at the local court may be necessary. You should check the legal situation and deadlines beforehand.

How-To

1. Check the decision immediately (deadline): Note the date and the deadlines stated in the decision.
2. Gather proofs (proof): Compile copies of the rental agreement, registration certificate, WBS and payment proofs.
3. Prepare the objection (form): Draft a reasoned objection and attach the proofs.
4. Observe deadlines (deadline): Send the objection by registered mail or submit it with a receipt confirmation.
5. Consider court action (court): If necessary, consider a claim before the local court.

Help and Support / Resources

• Gesetze im Internet – BGB (tenancy law)
• Gesetze im Internet – Wohnraumförderungsgesetz (WoFG)
• Justizportal – information on local courts

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Wohnraumförderungsgesetz (WoFG) - Gesetze im Internet
3. [3] Zivilprozessordnung (ZPO) - Gesetze im Internet