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Rent arrears Assumption in case of receipt according to SGB II


If you receive citizen's allowance and have rent debts that threaten you with losing your home, the responsible municipal job center can take over your debts in certain cases upon application. This support is given to you in the form of a loan or aid. In order for you to receive this support, it is assumed, among other things, that you are not able to cope with the backlog on your own. The decision as to whether you receive support is a case-by-case decision. An examination is carried out to determine whether all the requirements for the assumption of your rent debts are met.

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

In the case of communities of need, the relevant adequacy limit 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 is generally in the amount of the head share including all members of the household community. For the assessment of appropriateness, however, 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 will not be used for the intended purpose, payment is made directly to the landlord.

This is particularly the case:

  • if there are rent arrears that lead to the termination of the tenancy,
  • if there are energy cost arrears 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 (check of the list of debtors).

There is no legal claim to the assumption of your rent 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 economic circumstances will be examined.
  • You submit the application with supporting documents in writing or online.
  • If no consultation appointment has taken place, you can 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 are informed of the assumption of your rent debts.
  • The responsible municipal 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 covered, your rent debts will be settled by the Jobcenter.
  • You agree in writing with the municipal job center to repay your rent debts. Repayment is usually made through an assignment of benefit claims.

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 to stay in the apartment for a longer period of time has been submitted,
  • 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 (for example, through direct payments from the responsible service provider) and you can therefore stay in the apartment.

Which documents are required?

  • Application for the assumption of rent arrears
  • Current statement 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, job center notice, income of the children)
  • List of all other expenses including proof (e.g. telephone costs, insurance, bus ticket)
  • Bank statements of the last 3 months
  • If applicable, proof of debt obligations (e.g. instalments and/or loan agreements)
  • If necessary, refusal of payment in instalments by the landlord or the landlord/bank
  • Residence permit, if applicable
  • If necessary, further evidence

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 the 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


Landkreis Emsland
Address: Ordeniederung 1 , 49716 Meppen
Timetable
Postal address: Post Office Box 15 62 , 49705 Meppen
Timetable
Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Station Haltestelle Kreishaus
Bus: 993

Building Access
elevator available, wheelchair-accessible
bank account:
recipients: Landkreis Emsland
bank: Emsländische Volksbank
BIC: GENODEF1LIG
IBAN: DE26266600600120050000
recipients: Landkreis Emsland
bank: Sparkasse Emsland
BIC: NOLADE21EMS
IBAN: DE39266500010000001339
recipients: Landkreis Emsland
bank: Postbank Hannover
BIC: PBNKDEFF250
IBAN: DE36250100300012132306

Ansprechpartner

Marc-André Burgdorf
responsible for:
Bernd Otten (Datenschutzbeauftragter)
Telephone: 05931 44-1605
Fax: 05931 44-391605
Room:
605
responsible for:

Stadt Papenburg - Rechnungsprüfung
Postal address: Post Office Box 1755 , 26857 Papenburg
Timetable
Address: Hauptkanal rechts 68/69, 26871 Papenburg
Timetable
Telephone: 04961 82-320
Building Access
elevator available, wheelchair-accessible

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)