Rent debts: who helps with arrears?
As a rule, we have to pay a large part of our monthly income for the rent of residential or commercial premises. If the rental costs increase or the salary decreases, this can sometimes quickly lead to financial difficulties. It is not uncommon for those affected by rent debts to ask themselves: what can I do?? What are the consequences of rent arrears?? And who helps me with rent debts? Answers to these and further questions supply the following councellor.
FAQ: rent arrears
As a tenant of an apartment or commercial premises, you are obligated to remit the rent to the landlord on time. If you fall behind with payments because you do not meet the obligation at all or only partially, debts arise.
Missing rent payments can have far-reaching consequences, so you should act quickly if you have rent debt. Here is a summary of what to do now.
If the rent is not paid twice in a row, the landlord can terminate the rent debtor without notice. To prevent this from happening, it makes sense to come to an agreement with the landlord as quickly as possible if payment problems arise and/or to seek debt counseling.
In arrears with the rent: what can happen??
Rent debts are among the so-called primary debts and can therefore threaten the existence of debtors. Because if the rent is not paid for two consecutive months or. If the tenant pays only part of the rent, the landlord can terminate the lease. Because of these far-reaching consequences, it is important to settle any arrears as quickly as possible. If there are several creditors, debtors must therefore set priorities and first of all secure basic supplies.
If the defaulting tenant refuses to move out of the apartment despite a lawful notice of termination, the landlord can initiate an eviction action due to rent arrears. If the tenant still wants to avert eviction, quick action is required. Because with the delivery of the eviction action, the landlord has two months to pay the debts and thus ensure that the termination and eviction action become ineffective.
Also note that special rules apply to termination due to rent debts during private insolvency. Rent arrears that already existed before the insolvency proceedings do not justify termination in such a case. The landlord must file his claims with the receiver instead.
Under certain circumstances, rent debts can also result in a schufa entry. However, this option only exists if the landlord is a contractual partner of the credit agency. For this the renting must take place commercially and landlord must have more than hundred dwelling units.
Does it make sense to hope for the statute of limitations in the case of rent debts?
Rent arrears are usually subject to the regular statute of limitations under section 195 of the german civil code (BGB). This is for three years and only starts at the end of the year in which the landlord's claim arose. Within this time, the landlord can claim his money in court. According to the report, rental debts do not take care of themselves after moving out of the respective apartment.
Rent debt: what to do as a tenant?
As described above, non-payment of rent can lead to termination of the apartment without notice. For this reason, you should definitely settle rent debts promptly. Talk openly with your landlord about your financial situation and together look for a way to pay off the arrears. For example, it may be an option to agree on an installment payment for the rent debt or to agree on a rent extension.
When debtors are no longer able to pay the rent, it is not uncommon for other financial obligations to exist that cannot be paid at the current time. Sometimes there is no overview of how many creditors exist and what the debts amount to. Debt counseling can help in such cases to become master of the situation again.
For example, charitable institutions offer free help with rent debts. The advisors obtain an overview of the financial situation, initiate immediate measures – such as a garnishment protection account – check the legitimacy of the claims together with the debtor and work out a way out of the debt. Debt counselors can also contact creditors and, if necessary. Agree on a settlement or an installment payment.
Financial help with rent debts
To avoid termination of the apartment without notice, rent debts must be paid quickly. However, this is easier said than done if money is particularly tight at the moment. However, under certain circumstances, there is the possibility of receiving state support.
Recipients of hartz 4 can apply to the job center, for example, to take over the rent debt. However, this loan is subject to certain criteria. For example, there must be no arrears in advance and the apartment or. The rent must be reasonable. However, there is no legal claim to the acquisition. In addition, hartz 4 recipients must pay off rent debts in installments, which usually leads to a reduction in monthly payments.
If your income is low, you may be able to. The social welfare office can also step in in a similar way. In addition to this, it is useful to check a claim for housing allowance. Last but not least, you should also ask around in the circle of family and friends, whether because of the rent debt might not be the possibility of a short-term loan.
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