Finding housing, the WBS, and tenancy law in Berlin
The German version of this page has been changed, this translation has not. Please rely on the German page.
The housing market in Berlin is very tight. Many people apply for the same apartment. So prepare your documents in advance: a SCHUFA credit report, a certificate of no rent debt (Mietschuldenfreiheitsbescheinigung), and a self-disclosure form (Mieterselbstauskunft).
For social housing, you need a Wohnberechtigungsschein (WBS, housing entitlement certificate). It is free. You apply for it at your district office or online via service.berlin.de. It depends on your income and your residence status.
Important for the rental agreement: the deposit may be at most three months' rent (excluding operating costs). You are allowed to pay it in three installments. The landlord must keep the deposit in a separate account.
Watch out for fraud: never pay money before you have seen the apartment in person. Legitimate landlords do not ask for money for a viewing.
Discrimination in the housing search is often prohibited. Counseling is available in Berlin.
Tenant counseling: tenants' associations advise their members. The Mietpreisprüfstelle (rent-review office) checks free of charge whether your rent is too high.
Not sure whether this route fits you or what comes first? We assess your situation for free and name the right contact points.
Reply by email, usually within two working days. Free, no legal advice in individual cases.
- Have your documents readyPer the Willkommenszentrum Berlin (Welcome Center Berlin), landlords often request: a SCHUFA credit report, a certificate of no rent debt from your previous landlord, and a self-disclosure form (details on income and employment). Apply quickly and to many listings.
- Use available search channelsState-owned housing companies, via inberlinwohnen.de; plus private portals, social networks, notices, and property management companies. For subletting: check whether the landlord has given consent. Otherwise you cannot register your residence and have less legal protection.
- Check and apply for the WBSApply online via service.berlin.de or in writing at your district office. You need: a signed income declaration from all adults, proof of income, copies of ID, birth certificates of children if applicable, and proof of residence status. Cost: none.
- Rule out fraudView the apartment in person. No advance payment, no viewing fee, no ID copy in advance. Warning signs: suspiciously low rent, a landlord abroad, payment to a foreign bank account.
- Have the rental agreement checkedDeposit: at most three months' net cold rent (Nettokaltmiete). Operating costs: the advance payment must be reasonable. Have the agreement reviewed by a tenants' association or an advice center before signing.
- Get help in cases of discrimination or excessive rentDiscrimination: the Fachstelle “Fair mieten – Fair wohnen” (Tel. 030 62 73 16 68). Excessive rent: the Mietpreisprüfstelle Berlin (rent-review office, Tel. 030 213 007 302). Document listings, messages, and rejections.
- A WBS does not guarantee an apartment; it only allows you to apply for subsidized housing.
- Check this with the housing office before applying.
- Never pay money before viewing the apartment in person. If you have already paid: contact your bank immediately, file a report with the police, and report it to the listing platform (Verbraucherzentrale, consumer advice center).
- Anyone receiving Bürgergeld or other benefits often needs to have a move confirmed by the office beforehand (see the page on housing and Bürgergeld in the “Geld” strand). No confirmed source for this page covers this specific point.
- Counseling from tenants' associations is only for members; per the Berliner Mieterverein (Berlin Tenants' Association), counseling and representation are provided in German. Membership fees differ by association (see the detailed section).
- Subletting without the landlord's consent: no residence registration is possible, and legal protection is limited (Willkommenszentrum Berlin).
In depth · Legal basis, figures and practice – for counsellors and professionals
Search and application
Per the Willkommenszentrum Berlin (retrieved 26 September 2026), search via the state-owned housing companies (inberlinwohnen.de), private portals, social networks, notices, and property management companies. Commonly requested documents: SCHUFA credit report, certificate of no rent debt, self-disclosure form. Residence registration and the landlord's confirmation of move-in: see the page “Wohnen und Anmeldung in Berlin” (Housing and Registration in Berlin) in the “Erwerbsmigration” strand (14 days after moving in).
Wohnberechtigungsschein (WBS)
The WBS entitles you to rent price-controlled housing. Per service.berlin.de (service 120671, retrieved 26 September 2026): minimum age 18; German citizenship, EU membership, or a valid residence permit of at least one year; intention to live in Berlin for at least 11 months (main residence). Application online or on paper at your district office (Bürgeramt/Wohnungsamt); online files at most 30 MB; cost: none; validity “generally one year.” Documents: income declaration (signed by all adults), employer's proof of income, copies of ID, birth certificates of children, and proof of residence status if applicable.
Income thresholds per berlin.de's Senatsverwaltung (rent guide, year of the figures not stated, annual gross income): WBS 140: 16,800 euros for 1 person, 25,200 euros for 2 people; WBS 160: 19,200 euros and 28,800 euros; WBS 180: 21,600 euros and 32,400 euros; WBS 220: 26,400 euros and 39,600 euros; additional amounts per further person and per child. Values for WBS 100 do not appear in the available summary; secondary sources give conflicting figures of 12,000 euros (base threshold under WoFG) and 18,200 euros. No confirmed information is available for this. Per the Senatsverwaltung, the general size rule is “one living room for the entitled person and each accompanying family member,” with exceptions.
Rental agreement, deposit, operating costs (BGB)
- Deposit (§ 551 BGB): at most three times the monthly rent (excluding lump-sum or advance operating-cost payments); payable in three equal monthly installments (the first due at the start of the tenancy); the landlord must invest it at the interest rate customary for savings deposits with three months' notice and keep it separate from their own assets; interest belongs to the tenant. Deviations to the tenant's disadvantage are void.
- Operating costs (§ 556 BGB): advance payments only in a reasonable amount; the statement is due at the latest by the end of the twelfth month after the end of the billing period; no further claims afterward; the tenant's objection period is likewise 12 months; right to inspect supporting documents.
- Broker's commission (§ 2 WoVermRG, the “orderer principle”): a claim to commission arises only for a proper referral; apartment seekers may not be charged a commission if the broker was engaged by the landlord; advance payments may not be demanded.
- Rent cap (Mietpreisbremse): per a Senate decision, it applies throughout Berlin from 1 January 2026 to 31 December 2029; the initial rent may generally exceed the local comparative rent by at most ten percent (Presse- und Informationsamt Berlin, retrieved 26 September 2026). Exceptions (§ 556f BGB, new buildings after 1 October 2014, comprehensive modernization) are covered on the page “Wohnen und Anmeldung in Berlin.”
- On written form, notice periods, and rent increases: this page does not cover these points (notice period for tenants: see the page “Wohnen und Anmeldung in Berlin,” § 573c BGB).
Fraud schemes
Per the Verbraucherzentrale (consumer advice center, retrieved 26 September 2026): supposed owners abroad who demand advance payment of the deposit or shipment of keys; requests for ID copies (identity theft); phishing emails in the name of listing platforms. Warning signs: suspiciously low rent, spelling errors, catalog photos, missing energy-certificate details, transfer to foreign bank accounts. General rule: legitimate landlords do not ask for money before an in-person viewing. If you have suffered a loss: contact your bank, file a police report, report it to the platform. The number of registered cases in Berlin: another source names around 1,400 cases in the previous year, without a solid primary source or year; not used here.
Discrimination in the housing search
Per § 19 AGG, discrimination in mass civil-law transactions is prohibited, including on grounds of ethnic origin, religion, sex, disability, age, or sexual identity; exceptions exist for housing (for example, “socially stable resident structures,” close or trust-based relationships; small landlords with up to 50 units: limited application). Claims for removal, injunction, damages, and monetary compensation (§ 21 AGG) must be asserted within two months. Per berlin.de (LADS, the state anti-discrimination office), the AGG and the Berlin state anti-discrimination law (LADG, which concerns public bodies) apply; the “Berliner Fachstelle gegen Diskriminierung auf dem Wohnungsmarkt – Fair mieten – Fair wohnen” (Berlin Office against Discrimination in the Housing Market) (since July 2017; run by asum GmbH and Türkischer Bund in Berlin-Brandenburg e.V., funded by the Senatsverwaltung) advises affected people: [email protected], Tel. 030 62 73 16 68, Mon to Fri 10:00 to 16:00. The LADG Ombudsstelle (ombuds office) advises free of charge: Tel. (030) 9013-3456, Salzburger Straße 21, 10825 Berlin (Mon to Thu 9:30 to 15:30, Fri 9:30 to 14:00). The LADG Ombudsstelle is, under the LADG, intended for discrimination by public bodies; for privately rented housing, see the Fachstelle — this is an editorial classification, not something confirmed against the statute itself.
Tenant counseling in Berlin
- Mietpreisprüfstelle Berlin (rent-review office, SiWo, since March 2025, free of charge): checks whether rent exceeds the local comparative rent by more than 10 percent; Tel. 030 213 007 302 (Mon/Wed/Fri 9:00 to 12:00, Tue/Thu 14:00 to 17:00); appointments [email protected]; inquiries [email protected]; in-person consultation hours in Prenzlauer Berg (Tue 15:00 to 18:00), Thaerstr. 30D (Thu 14:00 to 17:00), Haus am Mierendorffplatz (Thu 10:00 to 13:00).
- Berliner Mieterverein e.V. (Berlin Tenants' Association): Spichernstraße 1, 10777 Berlin, Tel. (030) 22626-0; advice centers across the districts (per berlin.de). Per the association's page: legal counseling, cover through legal-expenses insurance after a three-month waiting period; membership fee per the association's page 11.00 euros a month (reduced 6.50 euros), admission fee 7.50 euros, minimum term two years (year of this figure not stated; another source states: since 1 January 2025); information in more than 15 languages, counseling only in German.
- Berliner MieterGemeinschaft e.V.: Möckernstraße 92, 10963 Berlin, Tel. (030) 2168001 (per berlin.de).
- Mieterschutzbund Berlin e.V.: Konstanzer Straße 61, 10707 Berlin, Tel. (030) 921023010 (per berlin.de).
- Mietervereinigung Berlin e.V.: Wilmersdorfer Straße 165, 10585 Berlin, Tel. +49 30 313 02 31; membership fee 39.60 euros a year plus a 10-euro admission fee (per the association's page, year not stated).
Gaps
No confirmed information is available for this: waiting times for the WBS application; specific requirements on the remaining validity of a residence title (conflicting information); rights on termination and rent increases; cost coverage for deposits and moving by public authorities; counseling services in languages other than the informational materials named here.
- What is “Finding housing, the WBS, and tenancy law in Berlin” about?
- Housing is scarce: applicants should have documents ready, recognize fraud, know their tenancy rights, and use available counseling.
- Which deadlines and figures matter?
- Ansprüche innerhalb von 2 Monaten geltend machen: Compensation/damages claims for discrimination in housing allocation (exception: prevention through no fault of the claimant) (§ 21 Abs. 5 AGG)
- Spätestens bis zum Ablauf des zwölften Monats nach Ende des Abrechnungszeitraums (Vermieter); 12 Monate Einwendungsfrist für Mieter:innen: Operating-cost statement (Betriebskostenabrechnung) (§ 556 Abs. 3 BGB)
- 3 gleiche Monatsraten möglich (erste Rate zu Mietbeginn): Payment of the rental deposit (§ 551 Abs. 2 BGB)
- 12 Monate Gültigkeit des WBS (laut Angaben der Berliner Seiten, siehe Fachteil): Validity of the Wohnberechtigungsschein (service.berlin.de, Dienstleistung Wohnberechtigungsschein)
- What should I do first?
- Have your documents ready: Per the Willkommenszentrum Berlin (Welcome Center Berlin), landlords often request: a SCHUFA credit report, a certificate of no rent debt from your previous landlord, and a self-disclosure form (details on income and employment). Apply quickly and to many listings.
- Use available search channels: State-owned housing companies, via inberlinwohnen.de; plus private portals, social networks, notices, and property management companies. For subletting: check whether the landlord has given consent. Otherwise you cannot register your residence and have less legal protection.
- Check and apply for the WBS: Apply online via service.berlin.de or in writing at your district office. You need: a signed income declaration from all adults, proof of income, copies of ID, birth certificates of children if applicable, and proof of residence status. Cost: none.
- What should I watch out for?
- A WBS does not guarantee an apartment; it only allows you to apply for subsidized housing.
- Check this with the housing office before applying.
- Never pay money before viewing the apartment in person. If you have already paid: contact your bank immediately, file a report with the police, and report it to the listing platform (Verbraucherzentrale, consumer advice center).
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