🏠 Avoiding loss of your home: rent arrears and eviction
In brief
Loss of your home almost always begins with rent arrears, which lead to a termination notice (Kündigung) and, in the worst case, to an eviction action. § 22 Abs. 8 SGB II (or § 36 SGB XII for social assistance recipients) allows the Jobcenter and Sozialamt to take over rent arrears if this is justified and necessary to secure the home. What matters: act immediately as soon as a termination notice or lawsuit arrives – not just shortly before the eviction.
Step by step
- Respond immediatelyAct immediately after receiving a termination notice for rent arrears – do not wait.
- Inform the authorityApply to the Jobcenter (SGB II) or Sozialamt (SGB XII) for the rent arrears to be taken over under § 22 Abs. 8 SGB II or § 36 SGB XII.
- Use the grace-period paymentIn the case of termination without notice, a payment or the commitment declaration of a "public body" (e.g. the Jobcenter) within two months after service of the eviction action cures the termination (§ 569 Abs. 3 Nr. 2 BGB).
- Do not rely on the court aloneLocal courts (Amtsgerichte) must inform the Jobcenter/Sozialamt of eviction actions (§ 22 Abs. 9 SGB II or § 36 Abs. 2 SGB XII) – but take action yourself anyway.
- Apply for an eviction periodIf eviction is imminent, you can apply to the court for an eviction period of up to one year (§ 721 ZPO).
- Involve debt counsellingParallel debt counselling (Schuldnerberatung) helps to put the overall situation in order (see "Debt and homelessness").
Deadlines
- The grace-period payment cures ONLY the termination without notice (extraordinary termination), not an ordinary (with notice) termination issued at the same time – a common mistake that can lead to loss of the home despite payment of the arrears.
- Apply for the takeover of rent arrears immediately after the termination notice or lawsuit is served – authority procedures often take longer than the two-month period of the grace-period payment.
- Under SGB II, the takeover of rent arrears is primarily a loan, not a grant; under SGB XII it can also be granted as a subsidy (grant) – the exact form is at the authority's discretion.
- The court's duty to notify the Jobcenter/Sozialamt does not replace your own application – do not rely on it alone.
In depth · legal basis, figures and practice – for advisers and professionals
§ 22 Abs. 8 SGB II / § 36 SGB XII: takeover of rent arrears
Debts that are justified to secure the accommodation because homelessness would otherwise threaten, and whose takeover is necessary, should be taken over – primarily as a loan. Existing own assets must in principle be used first. The parallel provision for social assistance recipients is found in § 36 SGB XII.
Courts' duty to notify
If a landlord brings an eviction action because of payment arrears, the local courts should inform the competent Jobcenter or Sozialamt (§ 22 Abs. 9 SGB II, § 36 Abs. 2 SGB XII) so that the authority can act on its own initiative. However, this duty to notify does not replace an application by the person concerned and does not guarantee that the authority will act in time.
Grace-period payment (§ 569 Abs. 3 Nr. 2 BGB)
A termination without notice for payment arrears becomes invalid if, no later than two months after the eviction action becomes pending (Rechtshängigkeit), the landlord is satisfied with respect to the rent due and the compensation due, or a public body commits to satisfying them. This option can be used only once within two years and expressly cures only the extraordinary termination, not an ordinary termination issued in addition.
Eviction period (§ 721 ZPO)
On application, when sentencing to vacate residential premises, the court can grant the debtor a reasonable eviction period of up to one year. The application must be made in good time in the proceedings.
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