Wrong Occupancy Charge: Tenants & Families in Germany

Many tenants in Germany are unsure when a charge for wrong occupancy threatens due to excessive living space or incorrect WBS allocation. This article explains in plain language what the charge means, which rights and obligations tenants and families have, and which proofs municipalities or landlords may request. You will learn which official forms are relevant, when it makes sense to file an objection and how to organize receipts, the lease and application copies correctly. The tips help avoid mistakes and meet deadlines so that unjustified claims can be averted or properly reviewed. Concrete steps and model questions show how to document your situation clearly and, if necessary, prepare legal action.

What is the wrong occupancy charge?

The wrong occupancy charge is a fee that municipalities can levy against households if social or subsidized housing is not used according to the rules. It applies particularly when the housing entitlement (WBS) no longer exists or the living area exceeds the funding conditions. Foundations and reference points can be found in housing promotion law and the associated state regulations as well as in general tenancy law of the BGB^[1] and housing promotion provisions^[2].

Who is affected and when is a claim likely?

Those affected are usually tenants in subsidized housing when household size, income or the use of the apartment has changed. Municipalities check regularly or after notification whether the conditions for funding still apply. Important cases include:

• Households with changed composition (e.g. departure of the eligible person).
• Exceeding allowed rent or occupancy thresholds.
• Use of the apartment contrary to the conditions of the Wohnberechtigungsschein (WBS).

Which proofs do authorities and landlords request?

Authorities generally require concrete evidence to examine or justify a claim. Prepare the following documents early:

• Lease contract and amendments (shows contractual apartment size and parties).
• Rent payments, bank statements and receipts as proof of payment.
• Current list of household members and registration certificates.
• Wohnberechtigungsschein (WBS) and the original decision on eligibility for funding.

Forms and relevant legal texts

Important legal bases are the BGB (tenancy law) and housing promotion law (WoFG). For procedural steps, provisions of the ZPO may be relevant, for example in lawsuits or eviction proceedings^[1][2][3].

Practically relevant forms and documents (name and use):

• Application for issuance of a Wohnberechtigungsschein (WBS): shows whether a household remains eligible for subsidies; the WBS application is submitted to the responsible municipality or housing office.
• Objection to a municipal decision: submitted in writing to the listed authority within the stated deadline and should include justified evidence (e.g. lease, proof of income).
• Filing a lawsuit under the ZPO: if the authority does not remedy the situation, a lawsuit can be filed at the competent local court; all evidence and a clear statement of facts are required.

How do I prove eligibility or the opposite?

Documentation is central. Key steps include compiling the lease, bank statements, registration certificates and, if applicable, proof of household size change. Write a short dated statement describing the situation and attach copies of relevant documents. Do not send originals; provide certified copies only if specifically requested.

Common mistakes to avoid

• Failing to respond in time to a notice or request.
• Incomplete or disorganized evidence collection.
• Not contacting the responsible authority or misreading deadlines.

FAQ

Who decides on the wrong occupancy charge?

Usually the municipality or housing office issues the notice; in disputes the competent local court decides.

Do I have to pay immediately when a notice arrives?

Check deadlines and consider filing an objection; immediate payments are not always mandatory, but deadlines must be respected.

Which documents are most helpful as proof?

Lease, registration certificates, bank statements and the WBS are the most important proofs.

How-To

1. Check the notice for deadlines and contacts.
2. Collect all relevant documents: lease, bank statements, registration certificates, WBS copy.
3. Contact the responsible housing office for questions and request a list of required proofs.
4. If necessary, file an objection on time and prepare a possible lawsuit.
5. Seek legal advice if needed, for example from a tenant advisory service or lawyer.

Help and Support

• Gesetze im Internet – BGB (Tenancy law)
• Gesetze im Internet – Wohnraumförderungsgesetz (WoFG)
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Gesetze im Internet – Wohnraumförderungsgesetz (WoFG)
3. [3] Gesetze im Internet – Zivilprozessordnung (ZPO)