Rent arrears takeover in case of receipt according to SGB II
If you are in receipt of Citizen's Allowance and have rent debts that threaten to cause you to lose your home, the relevant local job center can, in certain cases, take over your debts on application. This support is given to you in the form of a loan or a grant. In order for you to receive this support, one of the prerequisites is that you are unable to cope with the arrears on your own. The decision as to whether you receive support is made on a case-by-case basis. An assessment is carried out to determine whether all the requirements for your rent arrears to be covered are met.
In principle, benefits for accommodation and heating requirements are recognized in the amount of the actual expenses, provided these are reasonable. As a rule, the appropriate level of accommodation requirements is determined by the adequacy limits for the gross cold rent and the surcharges to be considered in individual cases.
In the case of benefit communities, the relevant adequacy limit is determined on the basis of the number of people in the community.
If persons do not form a benefit community, but live in a household community, the need for accommodation is generally based on the per capita share including all members of the household community. However, only the persons who actually belong to the community of need are taken into account when assessing appropriateness.
If the municipal job center determines that the person entitled to benefits cannot ensure that the accommodation is 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 tenancy being terminated,
- if there are energy cost arrears that result in an interruption of the electricity supply,
- if the applicant is unable to use the funds appropriately due to illness or addiction, or
- if there are indications of debt (check of the debtor register).
There is no legal entitlement to the assumption of your rent debts.
- Application for payment of rent arrears
- Current statement of claims/rent account statement
- Reminder/notice of termination/action for eviction
- Tenancy agreement/rental certificate if applicable
- Service charge statement
- Proof of income of all people living in the household for the last 3 months (e.g. payslips, job center notice, children's income)
- List of all other expenses including supporting documents (e.g. telephone costs, insurance, bus ticket)
- Bank statements for the last 3 months
- If applicable, proof of debt obligations (e.g. installment payments and/or loan agreements)
- If applicable, rejection of an installment payment by the landlord or landlady/bank
- Residence permit, if applicable
- Further proof, if applicable
Your rent debts can only be taken over if, among other things:
- the costs of your current accommodation are reasonable,
- your landlord or landlady agrees in writing to the continuation of the tenancy,
- you have declared your intention to stay in the apartment for a longer period of time,
- there is no possibility of eliminating the emergency situation on your own (for example by agreeing an installment payment with your landlord/landlady),
- future rent payments are secured (e.g. through direct payments from the responsible benefit provider) and you can therefore remain in the apartment.
Emission: free of charge
You can apply for the transfer of rent arrears in writing or online. It is advisable to arrange a consultation appointment before submitting your application.
- Optional: You contact the responsible municipal job center and arrange a consultation appointment in which your personal and financial circumstances are 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 the documents are complete, an appointment for a home visit can optionally be arranged 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. They will check whether your home is worth keeping.
- Sometimes your landlord or landlady, the local court and/or other parties involved will be informed of the assumption of your rent debts.
- The local Jobcenter will check your application.
- You will be informed whether your rent debts will be taken over or not.
- If your rent debts are to be taken over, the Jobcenter will settle your rent debts.
- You agree in writing with the local Jobcenter to repay your rent debts. Repayment is usually made by assigning benefit claims.
Processing Time: 2 - 4 WeeksThe processing time is usually 2 - 4 weeks after the authority has received all the documents.
There is no deadline.
Further information on how to lodge an objection can be found in the notification of your application.
Forms available: Yes
Written form required: No
Informal application possible: Yes
Personal appearance necessary: No
The text was automatically translated based on the German content.
Lower SaxonyMinistry for Social Affairs, Labor, Health and Equality
To the local municipal job center
