Apply for assumption of rent debts with ongoing benefit receipt SGB II

If you have rent debts, you can receive financial help to avoid homelessness and advice on accommodation if you have lost your home.

If you are in receipt of Citizen's Allowance and have rent debts that threaten to cause you to lose your home, the responsible benefit provider can, in certain cases, take over your debts on application. This support is usually given to you in the form of a loan. 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 adequacy.

If the responsible benefit provider determines that the person entitled to benefits cannot ensure that the accommodation is used for the intended purpose, payment should be 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 power 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.

Job center

• Application for payment of rent arrears
• Current statement of claims/rent account statement
• Reminder/notice of termination/action for eviction
• Tenancy agreement/rent certificate if applicable
• Confirmation from the landlord/landlady that the tenancy would be continued if the rent arrears were taken over
• Tenant's declaration of intent to remain in the apartment for the longer term
• 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
  

Forms available: Yes
Written form required: No
Informal application possible: Yes
Personal appearance necessary: No

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.
  

Further information on how to lodge an objection can be found in the notification (legal consequences) of your application.

You can apply for the transfer 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 (municipal) job center or the responsible benefit provider 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. It will be checked 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 responsible benefit provider will check your application.
• You will be informed whether your rent debts will be taken over or not.
• If your rent debts are taken over, your rent debts will usually be paid directly to the landlord/landlady in the form of a loan from the responsible benefit provider.
• If the rent arrears are taken over in the form of a loan, the loan claim is repaid during the period of benefit receipt by means of monthly offsetting.
• The set-off to repay the loan must be declared in writing by means of an administrative act.