Appeal After Denial: Tenant Rights in Germany
If your application for housing benefit or rent subsidy in Germany was denied, tenants can file an appeal within statutory deadlines. This text clearly explains which documents you need to collect, how to write an effective written appeal, which deadlines apply and when legal action at the local court may be appropriate. I give practical examples, refer to official forms and name authorities as well as relevant sections of the BGB and the ZPO.[1][2] I also explain how to systematically document evidence such as rental contracts, bank statements and correspondence and which official offices can help if necessary. At the end you will find a step-by-step checklist, sample texts and pointers to contact points such as the local court and social offices.
What to do after a denial?
First check the denial notice: pay attention to the reasoning, the issue date and the deadline for appeal. An appeal is often possible without a specific form but should be submitted in writing and include date, your contact details, file number and a clear statement of reasons.
Which documents do you need?
Collect all relevant evidence so that your arguments are understandable and the authority can verify the facts.
- Rental contract and any amendments to the rent.
- Decisions about housing benefit, benefits or earlier rulings.
- Bank statements and payment receipts for rent and utilities.
- Correspondence with the office or landlord, photos of defects, logs.
- ID copy and proof of household members.
Deadlines and form
The notice usually states the deadline for appeal. Submit the appeal within this deadline in writing to the responsible housing benefit office or authority. If in doubt, send it by registered mail or deliver it in person against a receipt.
Appeal letter: structure and sample
An appeal should be concise and factual. Provide the file number, date, your details, a brief reason and include the most relevant documents.
Sample (abridged):
"To: Housing Benefit Office\nFile number: X\nDate: DD.MM.YYYY\nSubject: Appeal against the decision of DD.MM.YYYY\nDear Sir or Madam, I hereby file an appeal against the above-mentioned decision. Reason: [brief, verifiable facts], Enclosures: rental contract, bank statements. Sincerely, [Name]"
Before court
If the appeal is unsuccessful, you will receive an appeal decision. Check it carefully: different deadlines for litigation may apply. Often an action at the competent local court is possible; social law may follow different procedures.
Practical examples
Case A: Missing information
The authority rejected the application because an income item was missing. Solution: submit the missing bank statements and a short appeal referencing the deadline; expect a revised decision within weeks.
Case B: Jurisdiction
The denial was based on jurisdictional issues. Solution: clarify jurisdiction, file the appeal and request transfer if appropriate.
FAQ
- How long do I have to file an appeal?
- The deadline is stated in the notice; usually it is one month after notification—check the notice carefully.
- Does the appeal need to be justified?
- Yes, a short factual justification improves the chances; attach all relevant evidence.
- Where can I get help?
- Contact your housing benefit office, the local court or the social authority; these offices provide guidance on forms and deadlines.
How-To
- Check the notice immediately and note the deadline.
- Draft a short dated appeal letter including the file number and reasons.
- Gather the main documents (rental contract, bank statements, correspondence) and include copies.
- Submit the appeal by registered mail or in person with a receipt.
- If the appeal is denied, check the litigation deadline and prepare a court action at the local court if necessary.
Forms and authority contacts
There is no single federal appeal form; many municipalities provide templates for the appeal or for the housing benefit application. A formless written appeal is usually sufficient, but follow the instructions of your local housing benefit office.[3]
