Appeal Wohngeld Rejection: Tenant Errors in Germany
What is an appeal?
An appeal is the written response to an administrative decision such as the rejection of Wohngeld. It is often the first option to have a decision reviewed without going to court. Tenants should state clearly in the appeal why the rejection is incorrect from their point of view and attach the relevant evidence.
Legal basis
The tenancy law in the German Civil Code (BGB) regulates duties and rights of tenants and landlords, which also affects proof of the tenancy.[1] Wohngeld and funding rules are set out in the Housing Promotion Act (WoFG), which describes the requirements and responsibilities.[2] If court proceedings become necessary, the Code of Civil Procedure (ZPO) applies to civil claims; tenancy and eviction matters often run through the local court (Amtsgericht).[3]
Document checklist: Which proofs help
- Income proofs (pay slips, pension statements)
- Full rental agreement or sublease contract
- Rent receipts or bank statements as payment evidence
- Heating bill or operating costs overview
- Correspondence with the authority (rejection notice, deadline information)
- Proofs of special burdens (e.g. care costs, maintenance payments)
Formal aspects of the appeal
The appeal should always be in writing and signed. State your name, address, file number from the decision, the date of the decision, a brief justification and attach copies of the evidence. Send the appeal by registered mail or hand it in personally against a receipt.
Common mistakes and how to avoid them
- Missing or incomplete evidence instead of complete copies
- Missing the deadline due to late dispatch or wrong date
- Unclear justification without reference to relevant provisions or concrete figures
- Undocumented changes in circumstances (e.g. income reduction)
FAQ
- How long do I have to file an appeal?
- The deadline is stated on the decision; usually one month from notification. Check the date on the letter and act quickly.
- Which authority decides on my appeal?
- This is the Wohngeld office of your municipality or city; if legal disputes arise, local courts (Amtsgerichte) may be competent.
- Do I have to hire a lawyer?
- In many cases a well-founded appeal with complete documents is sufficient. For complex legal issues or deadline problems, seeking advice is sensible.
How-To
- Read the decision carefully and note the file number.
- Collect and sort all relevant proofs (income, rental agreement, operating costs).
- Write the appeal: briefly justify and number the attachments.
- Sign, add the date and include copies.
- Send by registered mail or hand in personally to the Wohngeld office and obtain a receipt.
- Note deadlines and seek legal advice if necessary.
Key takeaways
- Complete evidence increases the chance of success significantly.
- Deadlines are binding and must not be missed.
- Documentation and a clear justification are essential for a successful appeal.
Help and Support
- German Civil Code (BGB) – §535 ff. (Tenancy law)
- Housing Promotion Act (WoFG) – Gesetze im Internet
- Code of Civil Procedure (ZPO) – Gesetze im Internet