Information for Landlords and Property Management Companies on Renting to Benefit Recipients
- There is no legal relationship between you, as the landlord or landlady, and the Fulda District Job Center.
- As a landlord, you are not eligible to apply at the Fulda District Job Center.
- The Fulda District Job Center must also maintain social confidentiality with regard to you as a landlord or landlady.
- At the request of the beneficiary (male tenant) or the beneficiary (female tenant), the Fulda District Job Center will pay the rent directly to you as the landlord or landlady.
- Only in cases specified by law can the rent be paid directly to you, the landlord, even without the consent of the tenant.
- In certain cases, security deposits may be covered as a loan by the Fulda District Job Center upon request by your future tenant.
- Benefits under SGB II are generally paid monthly in advance. This means that, in the case of a direct payment to you, the rent payments you receive from the district job center at the end of the month are normally intended for the following month.
Frequently Asked Questions
My tenant receives benefits under SGB II from the Fulda District Job Center. What does this mean for me as a landlord?
In principle, a lease agreement with a benefit recipient as the tenant is no different from a lease agreement with individuals who do not receive government assistance. While receiving benefits, your tenant has the same rights and obligations as any other tenant. The Fulda District Job Center is not a party to the lease agreement. Therefore, as a landlord, you should contact your tenant directly in the event of any disputes, rather than the Fulda District Job Center.
The following questions and answers will address specific issues that may arise.
Is there a legal relationship between you, as a landlord, and the Fulda District Job Center, and is the Fulda District Job Center required to provide you with information?
No, the only parties to a lease agreement are your tenant and you, as the landlord.
Benefits to cover the costs of housing and heating (rent payments) are generally paid by the Fulda District Job Center to the beneficiary (tenant). Beneficiaries must fulfill their payment obligations on their own, for example, to you as the landlord or to an energy provider.
As a landlord, you are not entitled to information about the recipients of benefits. If your tenant fails to pay the rent, you must contact the tenant.
Can the rent be paid directly to you, the landlord, by the Fulda District Job Center?
Yes, to the extent that benefits under SGB II are provided for rent, utilities, and heating costs, the Fulda District Job Center will, upon request by the beneficiary— that is, your tenant, pay the benefits directly to you as the landlord or to another authorized recipient.
Against the will of the recipient (your tenant), rent, utility, and heating costs may be paid directly to you as the landlord or to other authorized recipients (e.g., energy providers) only under certain conditions.
According to the law, rent is to be paid to the landlord or other authorized recipients if it cannot be ensured that the tenant will use the funds for their intended purpose. If rent payments are not received or are not received in full, you can report this to the Fulda District Job Center. The Fulda District Job Center will then review whether the requirements are met for the rent to be paid directly to you in the future. However, this always depends on the specific circumstances of each individual case.
If the rent is paid directly by the Fulda District Job Center, is it always guaranteed to be paid in full?
No, there may be reasons why the rent is not paid in full. One example is when the entitlement to benefits under SGB II is less than the amount of rent due to the beneficiary’s—that is, your tenant’s—own income. In such cases, please check directly with your tenant. Due to data protection regulations, the Fulda District Job Center is generally unable to provide you with any information.
As a landlord, what can I do if a tenant is behind on rent?
If there are rent arrears, you should first contact your tenant. You can also notify the Fulda District Job Center about the rent arrears. However, since there is no legal relationship between the Fulda District Job Center and you as the landlord (the contracting parties are you, the landlord, and your tenant), you can only assert your claims against your tenant. As a landlord, you are also not authorized to submit requests for the Fulda District Job Center to pay the rent.
Are there any claims to reimbursement of the security deposit or to business shares?
Yes, the deposit is transferred as a loan at the tenant’s request. The payment is made to you, the landlord. You will be notified of this and will receive a declaration of assignment. A prerequisite for assuming the security deposit/business shares as a loan is that the apartment is suitable.
When a tenant moves out, it must be determined on a case-by-case basis whether the security deposit or business shares can be paid out to the Fulda District Job Center or to the tenant.
What do I need to keep in mind when it comes to heating and utility bills?
If you require your tenant to make advance payments for heating and utility costs, you are obligated to settle these accounts. The statutory deadlines and requirements set forth in the Civil Code apply in this regard.
Consequently, the statement of account must be provided in writing and must be received by your tenant no later than the end of the 12th month following the end of the billing period. The start date of the billing period must be specified in the lease agreement. The billing period is one year.
The entire statement of operating expenses must be transparent and easy to understand. All advance payments made must be reconciled with the actual costs incurred.
As a landlord, you are not entitled to payment from the Fulda District Job Center, but only from your tenant. In the event of any discrepancies, please contact your tenant.
Does the Fulda District Job Center cover damages caused by the tenant in the apartment?
As a general rule, repairs to the rental apartment must be covered by you as the landlord. Damage caused by your tenant to the apartment can only be claimed against the security deposit. When it comes to cosmetic repairs, it depends on what is specified in the lease agreement. Please always direct any claims to your tenant.