Appeal a Rejection: Tenant Rights in Germany
When is an appeal worthwhile?
An appeal makes sense when the rejection is due to missing documents, formal errors or incomplete assessment. Examples include rejected housing allowance applications, denials of rent reduction claims or refusals of landlord repair requests. In disputed evictions or termination cases courts often review prior correspondence; a well-documented appeal can often resolve the issue.
Which laws and authorities are relevant?
German tenancy law is primarily regulated in the Civil Code (BGB)[1]. Procedural matters for lawsuits and evictions are governed by the Code of Civil Procedure (ZPO)[2]. Housing allowance and social support are covered by the Wohngeld Act (WohngG)[3]. Important precedents are published by the Federal Court of Justice (BGH)[4], and tenancy disputes are usually decided at the local district court (Amtsgericht).
Checklist: Documents that help
- Tenancy agreement (complete copy with all attachments)
- Correspondence with the landlord (emails, letters, SMS printouts)
- Payment receipts: rent payments, deposit proofs, direct debits
- Photos or videos of defects (with date information)
- Medical certificates or expert reports (for health-related defects)
Practical steps before appealing
- Check deadlines: note receipt and deadline dates, short response times are often decisive.
- Request missing documents in writing and confirm dispatch via registered mail or email with read receipt.
- Create a short chronological file of events and evidence.
- Draft the appeal clearly: facts, why the decision is incorrect, and which documents prove it.
- Give contact details and request confirmation of receipt.
How to phrase the appeal (short template)
A suitable template includes sender and recipient with date, subject "Appeal against rejection dated [date]", short description of facts, reference to attached documents, specific request (e.g. review/reassessment) and request for confirmation of receipt. Sign by hand if sending by post.
If the case goes to court
If the appeal does not change the decision, the next step is often going to the district court (Amtsgericht). The ZPO governs procedure[2]. Prepare all evidence in order and check whether legal aid or representation support is available.
FAQ
- Can I file an appeal myself without a lawyer?
- Yes, tenants can file appeals and lawsuits themselves. A well-structured appeal with complete documents increases chances of success.
- What deadlines apply for an appeal?
- Deadlines vary depending on the notice or situation; check the rejection notice immediately and act within the stated time or request an extension in writing.
- Which forms do I need for housing allowance?
- Housing allowance has municipal or state application forms and documentation requirements; the Wohngeld Act governs entitlement and procedure; apply at your municipality or official authority pages.
How-To
- Gather all relevant documents and create a chronological file.
- Draft the appeal clearly with date, subject and concrete request.
- Attach copies of evidence and note the origin of each document.
- Send the appeal by registered mail or documented email and request confirmation of receipt.
- Await the response; if unsatisfactory, consider legal action.
