Rent arrears can arise due to an inability to pay and may result in the loss of your housing.
If you receive basic income support and are at risk of losing your apartment due to rent arrears, the local Jobcenter may, in certain cases and upon request, assume your debt. This assistance is typically provided in the form of a loan. In exceptional cases, you may receive a grant from the Job Center that does not need to be repaid.
To qualify for this assistance, one of the requirements is that you are unable to pay off the rent arrears on your own. The decision on whether you receive assistance is always made on a case-by-case basis, during which the authorities assess whether all requirements for assuming your rent arrears have been met.
As a general rule, only actual costs can be covered; therefore, no lump-sum amounts are approved. The responsible agency assesses whether your housing costs are reasonable according to the applicable guidelines and whether, due to special circumstances in your individual case, an exception to the guidelines is necessary.
The guidelines allow for higher amounts the more people live together in the same residence and support one another. This is called a “needs community.” A needs community means that the people not only live together but also pay for each other’s food and other necessities. A needs community includes:
- People aged 15 and older,
- spouses who are not permanently separated,
- registered same-sex partners who are not permanently separated,
- people in a relationship of mutual responsibility and support (“marriage-like relationship”), or
- children who are under 25 years of age and unmarried.
If you are over 25 years old, receive basic income, and live in the same household with relatives or in-laws (for example, parents, grandparents, uncles, aunts, nephews, nieces, or siblings over 25 years of age, along with their own children and foster children who are older than 25 years of age) and manage your finances together, you form a household community. This means, for example, that you share the costs of rent, groceries, and other household expenses.
If individuals do not form a benefits community but live in a household community, the responsible Jobcenter will only consider the share of rent for each resident when assessing the reasonableness of housing costs. This means that the housing costs are divided among all members of the household community.
If your local Jobcenter determines that you will use the money for something other than paying off your rent arrears, the payment will be made directly to your landlord.
This is particularly the case if
- there are rent arrears that could lead to termination of the lease,
- electricity or gas bills have not been paid, resulting in your electricity or gas being shut off,
- you are unable to use the money to settle your rent arrears due to illness or addiction problems, or
- there are indications of debt.
There is no legal entitlement to have your rent debts covered.
