Please enter a search term.

Your selected location: Emsland

For an area outside of Lower Saxony and foreign languages, some menu items and functions are not available. Please go to the service page of the respective country.

Rent arrears Assumption upon occupancy according to SGB II


If you receive citizens' allowance and have rent debts that threaten you with the loss of your home, the responsible municipal job centre can take over your debts on application in certain cases. This support is given to you in the form of a loan or grant. In order for you to receive this support, it is required, among other things, that you are not able to cope with the backlog on your own. The decision whether you receive support is a case-by-case decision. A check will be carried out to ensure that all the requirements for the assumption of your rental debts are met.

In principle, benefits for accommodation and heating needs are recognised in the amount of the actual expenses, insofar as these are reasonable. As a rule, the appropriate amount of accommodation requirements results from the adequacy limits for the gross cold rent and the possible surcharges, which must be examined on a case-by-case basis.

In the case of communities of need, the relevant adequacy threshold must be determined on the basis of the number of persons belonging to them.

If persons do not form a community of needs but live in a household community, the need for accommodation generally exists in the amount of the head share with the inclusion of all members of the household community. However, for the purpose of assessing appropriateness, only those persons who actually belong to the community of needs are considered.

If the municipal job centre determines that the person entitled to benefits does not ensure that it will be used for the intended purpose, payment will be made directly to the landlord.

This is particularly the case:

  • if there are rent arrears that lead to termination of the tenancy,
  • if there are arrears of energy costs that result in an interruption of the power supply,
  • if the applicant is unable to use the funds for their intended purpose due to illness or addiction, or
  • if there are indications of debts (examination of the list of debtors).

There is no legal entitlement to the assumption of your rental debts.

Process flow

You can apply for the assumption of rent arrears in writing or online. It is advisable to make an appointment for a consultation before submitting your application.

  • Optional: You contact the responsible municipal job centre and arrange a consultation appointment in which your personal and financial circumstances will be examined.
  • You submit the application with supporting documents in writing or online.
  • If no consultation appointment has taken place, you may be invited to an appointment.
  • If all documents are complete, an appointment for a home visit can optionally be made with you.
    • If no home visit is arranged, the application will be accepted at the first appointment.
    • If a home visit takes place, your home circumstances will be checked. It will be checked whether your apartment is worth preserving.
  • Sometimes your landlord, the local court and/or other parties involved will be informed of the assumption of your rent debts.
  • The local job centre will review your application.
  • You will be notified whether your rent debts will be covered or not.
  • If your rent debts are to be taken over, your rent debts will be settled by the Jobcenter.
  • You agree in writing with the municipal job centre on the repayment of your rent debts. As a rule, repayment is made through an assignment of benefit entitlements.

Who should I contact?

To the local municipal job centre

Requirements

Your rent debts can only be covered if, among other things:

  • the cost of your current accommodation is reasonable,
  • your landlord agrees in writing to the continuation of the tenancy,
  • Your declaration of intent is available to stay in the apartment for a longer period of time,
  • there is no way to remedy the emergency situation on your own (for example, by agreeing to pay in instalments with your landlord),
  • future rent payments are secured (e.g. through direct payments from the responsible service provider) and you can therefore stay in the apartment.

Which documents are required?

  • Application for payment of rent arrears
  • Current list of receivables/rental account statement
  • Reminder/termination/eviction action
  • Rental agreement/rental certificate, if applicable
  • Utility bill
  • Proof of income of all people living in the household in the last 3 months (e.g. pay slips, Jobcenter notice, income of the children)
  • List of all other expenses including proof (e.g. telephone costs, insurance, bus ticket)
  • Bank statements for the last 3 months
  • If applicable, proof of debt obligations (e.g. payment in instalments and/or loan agreements)
  • If applicable, refusal to pay in instalments on the part of the landlady or the landlord/a bank
  • Residence permit, if applicable
  • Further evidence, if applicable

What are the fees?

Emission: free of charge

What deadlines do I have to pay attention to?

There is no deadline.

Processing duration

Processing Time: 2 - 4 Weeks
The processing time is usually 2 - 4 weeks after the authority has received all documents in full.

Applications / forms

Forms available: Yes

Written form required: No

Informal application possible: Yes

Personal appearance required: No

Appeal

Further information on how to file an objection can be found in the notification of your application.

Technically approved by

Lower Saxony Ministry of Social Affairs, Labour, Health and Equality

Author

The text was automatically translated based on the German content.

Data protection information


Landesbeauftragte für den Datenschutz Niedersachsen
Address: Prinzenstraße 5, 30159 Hannover
Timetable
Telephone: +49 511 12045-00
Fax: +49 511 12045-99

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)