Assumption of rental/energy debts
If you are threatened with losing your home, you will be advised to secure the existing tenancy. To this end, the specialist departments negotiate with landlords, district courts and bailiffs and provide further assistance. In the case of rental debts,...
If you are threatened with losing your home, you will be advised to secure the existing tenancy. To this end, the specialist departments negotiate with landlords, district courts and bailiffs and provide further assistance.
In the case of rental debts, these can be taken over by a loan or a subsidy. This makes it possible to avert a termination that has already been given.
Important notes
Prerequisites
- Application requirement: Benefits are granted if they are applied for by an entitled person (§ 37 SGB II).
- Eligibility for benefits: Employable persons are entitled to benefits if unemployment benefit II is paid for accommodation and heating needs
- Debts: Claims from outstanding debts (e.g. from the landlord or an energy supply company due to unpaid bills) that have to be paid (this is not the case, for example, if claims are statute-barred) and which have assumed such an extent that they are available through the standing income can be proven not to be paid or only partially paid to the landlord or the energy supply company.
- Justified benefit: if the person entitled to benefits has no or insufficient self-help options and the currently used accommodation can actually be obtained and secured in the long term by assuming debts or an emergency situation comparable to losing a home can be remedied
- Necessary service: The assumption of debt is necessary if the emergency cannot be averted in any other way. As a rule, it is not necessary to assume the debt if homelessness cannot be avoided.
Documents required
All documents relating to the tenancy and income (including assets and debts)
Please note
nothing special
Deadlines
Application requirements without a specific deadline, but deadlines under tenancy law and enforcement law must be observed
Procedure & Fees
Procedure
You submit the application for assumption of rent or energy debts to the department responsible for you for housing emergencies. You can use the agency finder to find out which specialist agency is responsible for you.
Please enclose all necessary evidence and documents relating to your tenancy or relationship with the energy supplier with the application.
Your competent department will invite you to an appointment after the performance requirements have been checked and will inform you of the result. The responsible location of the job center team.arbeit.hamburg carries out the granting of benefits and sends the decision.
Processing time
The processing time depends on the individual case.
Fees
no
Legal notes
Legal remedies
An objection can be lodged against a negative decision and a complaint can then be brought before the social court.
Legal basis
Section 22 paragraphs 8 and 9 of the Second Book of the Social Code (SGB II)
https://www.gesetze-im-internet.de/sgb_2/__22.html