Assumption of rent arrears

Your tenancy agreement stipulates how much rent you pay each month and when it is due. This is usually the 3rd working day of the month. If you are unable to pay your rent by this date, you are in arrears. This is known as rent arrears.

If you notice that you cannot (or can no longer) pay your rent on time, let your landlord or landlady know. Also contact your social welfare office or job center as soon as possible for financial support.

If you are registered as unemployed and receive Citizen's benefit for accommodation and heating, the job center is the right place to go. If you receive Cost-of-living assistance or basic income support in old age or cannot (or can no longer) pay the rent due to your low income, contact the social welfare office.

Whether a person is entitled to the benefit is always decided on an individual basis after examining the specific individual case. You can submit an application if you have rent arrears and are therefore facing termination or eviction proceedings. The assumption of rent arrears is intended to prevent you from losing your home.

Rent debts can be assumed if this is justified. This is the case if your home can be secured or a comparable emergency situation can be remedied. However, if you are threatened with homelessness, rent debts should be covered, as this is necessary and justified to secure your home. The social welfare office or job center will check whether it is necessary and justified to take over your debts.

The following conditions, among others, must be met:

• The costs of your current accommodation are reasonable
• Your landlord or landlady agrees in writing to continue the tenancy
• You have a declaration of intent to stay in the apartment for the longer term
• You have no possibility of getting out of the emergency situation through your own efforts (for example, by using assets, agreeing an installment payment with your landlord, using savings or the possibility of borrowing money from friends or relatives)
• Future rent payments are secured, for example by direct payment from the responsible benefit provider
• You have no other concrete (suitable) housing available

The assumption of rent arrears is dependent on income and assets. In most cases, the benefit is provided as a loan that you must repay.

The Jobcenter usually withholds 10 percent of your standard requirement each month to repay the loan while you are receiving benefits. If you stop receiving benefits, the outstanding loan amount is due immediately. Repayment of the outstanding amount is agreed with the Jobcenter.

The social welfare office can also withhold a portion of your standard needs each month to repay the loan. However, this is only possible if you have previously submitted a written declaration that you will waive benefits in return (so-called declaration of assignment).

In addition, under certain conditions, it is possible for the rent arrears or the costs of your accommodation to be transferred directly to your landlord. This ensures that the money is only used for this purpose.

You can apply for the transfer of rent arrears in writing to your social welfare office or job center or directly here.

You can apply for the assumption of rent arrears in writing or online. It is best to make an appointment for a consultation before submitting your application. The consultation is the quickest way to clarify which documents you need to submit.

The following steps are necessary or should be considered:

• Optional, but recommended: You contact the competent authority and arrange a consultation appointment at 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 documents are complete (see next point), an appointment for a home visit can optionally be arranged with you.
  • If no home visit is arranged, the application will already be accepted at the initial appointment.
  • If a home visit takes place, your home circumstances will be checked. They will check whether your home is worth keeping.
• You must agree to your landlord or landlady being informed that you have applied for your rent debts to be taken over.
• The responsible office 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 authority will settle your rent debts directly.
• If you receive Citizen's benefit, the Jobcenter will withhold 10 percent of your standard requirement each month to repay the loan. If you receive Cost-of-living assistanceor Basic welfare for the elderly and people with reduced earnings capacity, make a written agreement with the social welfare office to repay your rent debt.

You can submit the application for the assumption of rent debts in writing to your social welfare office, the job center or here online.

The following documents are required for the application:

• Application for the assumption of rent arrears
• Current statement of claim/rental account statement
• Notice of default/notice of termination/action for eviction
• Rental agreement or other proof of the rent to be paid, rent certificate if applicable
• Invoice of utility costs
• Proof of income of all people living in the household (e.g. pay slips, job center notice, children's income)
• List of all other expenses including receipts (e.g. telephone costs, insurance, bus ticket)
• Account statements (including PayPal, savings accounts or savings contracts) for the last three months from all household members

If applicable:

• Proof of debt obligations (for example, installment payments and/or loan agreements)
• Rejection of an installment payment by the landlord or landlady or a bank
• Residence permit
• Further evidence, if applicable

There must be a serious reason for termination without notice (e.g. non-payment of rent). It can end the tenancy more quickly and is not bound by the agreed notice period. As a rule, you then have up to 2 weeks to vacate the apartment. If this does not happen, your landlord or landlady can file an eviction action against you. However, in many cases, a termination without notice can become ineffective by taking over rent arrears. The following conditions apply:

• You can settle all your rent debts within the grace period of 2 months after service of the eviction notice.
• You have not already received a termination without notice in the last 2 years that became invalid due to the settlement of rent arrears.
• Your landlord or landlady did not give you notice of termination (with notice period) at the same time.

Contact the social welfare office or job center as early as possible to apply for a rent arrears payment.