Appeal After Rejection – Tenants in Germany

As a tenant in Germany you may sometimes face a rejection of applications or support benefits, along with a document list and set deadlines. This article explains step by step how to file a timely appeal, which documents are useful and how to document evidence securely. I describe which legal foundations in the BGB apply^[1], when the local court (Amtsgericht) has jurisdiction^[2] and which official forms may be relevant. The language is practical: you get sample cases, submission tips and concrete deadlines so you can protect your tenant rights effectively. The goal is to give you clear actions as a tenant so you can respond confidently in Germany. Read on for concrete checklists.

When is an appeal appropriate?

An appeal is worthwhile particularly when an authority or payer (for example for housing benefit or rent subsidies) issues a denial or requests documents and you believe the decision is incorrect. For civil disputes with a landlord, provisions of tenancy law in the BGB apply^[1].

Which documents do you need?

Prepare a clear folder with all relevant documents; this shortens review time and helps meet deadlines.

• Tenancy agreement or sublease agreement
• Proofs of payment (rent payments, deposits, transfer receipts)
• Correspondence with the authority or landlord
• ID card or registration certificate

Deadlines and form

Check the decision carefully: often a deadline is specified within which an appeal must be filed. For administrative decisions the VwVfG often applies; for civil claims later procedures follow the ZPO^[3]. Appeals are usually possible without formalities but should be submitted in writing with date and signature.

• Note the deadline and set a calendar reminder
• Write the appeal in writing with date and signature
• Attach evidence and keep copies
• Send by registered mail or electronically (if available)

What happens if the case goes to court?

If the appeal is rejected, the path may lead to a lawsuit. In many tenancy law cases the Amtsgericht is competent; higher instances are the Landgericht and the Federal Court of Justice for precedent-setting rulings^[4]. Observe procedural deadlines and consider legal advice if needed.

Frequently Asked Questions

Can I appeal a housing benefit denial?

Yes. Administrative decisions can generally be appealed; check the decision for the exact deadline and attach missing documents.

Does the appeal need to be justified?

An appeal can be submitted informally, but it is useful to include a short justification and evidence so the authority can assess the case.

What happens if I miss the deadline?

If you miss the deadline your options are limited; in exceptional cases you can request reinstatement, but strict requirements apply.

How-To

1. Note the deadline in the decision and set a reminder
2. Collect and copy all required documents
3. Draft the appeal in writing: subject, date, reasoning, signature
4. Attach evidence and keep copies
5. Submit the appeal by registered mail or electronically
6. If rejected, consider filing a lawsuit at the competent local court

Help and Support / Resources

• Civil Code (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions

1. [1] Gesetze im Internet - BGB
2. [2] Justizportal - Court Jurisdiction
3. [3] Gesetze im Internet - ZPO
4. [4] Federal Court of Justice - Decisions