Appeal After Denial for Tenants in Germany
Many tenants in Germany face denials — for example regarding housing benefit, rent reductions, or requests to a landlord. This text explains in plain language which rights you as a tenant have, which deadlines apply, and which steps help when a decision is rejected. You will receive practical advice on documentation, how to write a formal appeal, and possible legal routes before the local court. Examples show how to use forms like the housing benefit application or the application for legal aid, and which documents are typically required. The goal is that you can quickly decide whether a formal appeal makes sense and how to improve your chances.
What you can do now
First check the rejection in writing: read carefully which reasons are given and by when you must respond. Note the deadline and collect all documents that support your situation, such as the tenancy agreement, payment receipts or photos of defects. A structured appeal contains a short statement of facts, the reasoning, copies of relevant evidence and the request to review the decision. For tenancy duties and rights, the rules in the German Civil Code (BGB) are helpful.[1]
Important deadlines and forms
Many procedures have tight deadlines. For appeal deadlines or legally prescribed reaction periods, the receipt by the recipient counts. If no answer arrives, plan the next step in good time, for example filing a lawsuit at the competent local court.
- Note deadlines: observe both internal and statutory deadlines.
- Housing benefit application: use the form from your city/municipality's housing benefit office.
- Application for legal aid (PKH): consider if court costs are an obstacle.
- Collect evidence: tenancy agreement, bank statements, correspondence and photos as proof.
Authorities and courts
For civil disputes, the local court (Amtsgericht) is responsible; appeals may go to the regional court (Landgericht), and important legal questions are decided by the Federal Court of Justice.[3] Rules for court procedures are set by the Code of Civil Procedure (ZPO).[2]
- Local court (Amtsgericht): first instance for tenancy disputes.
- Regional court (Landgericht): appeals in certain cases.
- Federal Court of Justice (BGH): nationwide case law and precedent decisions.
How an appeal should be structured
An appeal is not a long legal brief, but a clearly structured letter:
- Short heading: "Appeal against the decision dated [date]".
- Facts: present briefly and plausibly what happened when.
- Attach evidence: copies, not originals.
- Contact details: provide phone number and current address.
Send the appeal by registered mail with return receipt or hand it in personally with a receipt to document delivery.
If the appeal is still rejected
If the appeal remains unsuccessful, you can in many cases file a lawsuit. The lawsuit must be filed at the competent local court; before doing so, check whether legal aid is available. Prepare a clear statement of claim and attach the same evidence you used in the appeal.
FAQ
- Can I submit the appeal by e-mail?
- This depends on the authority; many bodies accept only written submissions or scanned documents via secure mail, check the instructions in the rejection.
- What deadline applies to an appeal?
- The deadline is stated in the individual rejection; if no deadline is given, respond as quickly as possible and document the dispatch.
- What does an appeal cost?
- The appeal itself is usually free; court proceedings can incur fees, and you may be eligible for legal aid.
How-To
- Step 1: Examine the rejection carefully and note the date and any mentioned deadlines.
- Step 2: Gather all relevant documents such as the tenancy agreement, payment receipts and photos.
- Step 3: Draft a short appeal letter with date, facts and clear reasons.
- Step 4: Send the appeal by registered mail or submit it in person with proof of receipt.
- Step 5: If the appeal fails, consider court proceedings at the local court and possible legal aid.
Help and Support / Resources
- Civil Code (BGB) – official text
- Code of Civil Procedure (ZPO) – official text
- Federal Court of Justice (BGH) – case law
