Double Rent During a Move: When the Jobcenter Pays the Overlap Period

You have the keys to the new flat in your hand, the tenancy contract is signed — and you cannot get out of the old flat for three months because the notice period is running. Two rents at the same time, on Bürgergeld. That sounds like an unsolvable situation. In many cases, though, it is not: § 22 Abs. 6 SGB II provides for exactly such constellations by allowing the Jobcenter to cover the costs. What matters is how and when you file the application.

The Most Important in 30 Seconds

  • In a necessary move, the Jobcenter can cover the double rent for the overlap period — either as a grant (Beihilfe) or as a loan (Darlehen) (§ 22 Abs. 6 SGB II).
  • As a rule, a prior approval (Zusicherung) of the Jobcenter is required. Anyone signing the tenancy contract without approval risks being stuck with the costs.
  • Even without approval, not everything is lost: if the move was demonstrably necessary and could not be postponed, you can apply for coverage after the fact.
  • The cost coverage is a discretionary decision (Ermessensentscheidung). The Jobcenter must weigh the personal situation, the necessity and the alternatives.
  • A blanket refusal "due to missing approval" is often unlawful if the reasons for the move were clear.

We review your decision within 5 minutes. Free and non-binding.

Why Does This Happen?

German tenancy law and SGB II do not always mesh seamlessly. A notice period of three months under § 573c BGB is the statutory default — and it runs independently of when you actually move out. Anyone who finds an affordable flat in a big city often has to seize the chance immediately, otherwise it is gone. The consequence: move-in date and move-out date overlap, sometimes by two or three full months.

A concrete example: Familie G. (three people) lives in a flat that is too small at 55 m², gross cold rent (Bruttokaltmiete) 420 Euro. The two-year-old sleeps in the living room; the older son shares the bedroom with the parents. After months of searching, the family finds a 78 m² flat for 490 Euro — within the municipal appropriateness limit. The landlord wants the tenancy contract to begin on 1 May. The family duly gives notice on the old flat effective 31 July. Result: for May, June and July the family pays 910 Euro rent per month — 420 Euro for the old, 490 Euro for the new flat. The Jobcenter, however, only covers one rent in the regular decision. The difference hits the family from their standard needs (Regelbedarf). Three months with 420 Euro too much — that is 1,260 Euro in total. Impossible.

It is precisely for these constellations that § 22 Abs. 6 SGB II exists. The rule combines several moving-related benefits: rent deposit, moving costs, housing acquisition costs — and also double rent payments during the overlap period.

Your Rights Concretely

  1. Claim to cost coverage under § 22 Abs. 6 SGB II. Required is a necessary move: for example on health grounds, due to a cost-reduction notice, with family growth, or if the old flat is too small, too expensive or in an unacceptable condition. A move to take up work is also regularly necessary.

  2. Claim to prior approval (Zusicherung) before contract conclusion (§ 22 Abs. 4 SGB II). Before signing the new tenancy contract, you should submit the new flat to the Jobcenter for review. The Jobcenter must then decide within a short time whether the rent is appropriate and whether the costs of the move (including the overlap) will be covered. A granted approval is binding on the Jobcenter.

  3. Claim to a discretion-error-free decision. Even without approval, the Jobcenter may not refuse the application as a blanket matter. It must conduct a single-case examination: was the move necessary? Could approval have been obtained in time? Are there hardship reasons? This balancing must be recognisable in the decision (§ 39 SGB I, § 40 VwVfG analog).

  4. Choice between grant and loan. § 22 Abs. 6 SGB II allows both. The grant (Beihilfe) does not have to be repaid — it is the financially better variant. A loan (Darlehen) is withheld from the ongoing Bürgergeld in small instalments (usually 10% of standard needs). Which form is granted is a discretionary matter; for atypical burdens (children, illness), much speaks in favour of the grant.

  5. Right to object against a refusal decision (§ 84 SGG). One month from delivery. In writing, informal is enough. Reasoning can be submitted later. In case of imminent hardship, an urgent application to the Social Court under § 86b SGG also comes into consideration.

Current Case Law

The social courts have long recognised double rent during the overlap period as a reimbursable moving need — if the move was necessary and the length of the overlap is appropriate. Two to three months during the statutory notice period are regularly unproblematic; longer contractual ties are examined on a case-by-case basis ([URTEIL-REFERENZ]).

The argument of "missing approval" also does not always stand up to judicial review. The Federal Social Court (Bundessozialgericht, BSG) has repeatedly emphasised that an approval can be dispensable where, for practical reasons, it could not be obtained — for example, with very short reaction times on the tense housing market ([URTEIL-REFERENZ]). What is decisive is that the move was objectively necessary and the costs appropriate.

Beyond that: if the Jobcenter refuses the approval without grounds or does not react in time, this can be judged as a discretion error. Anyone who has demonstrably done everything to obtain approval — while the Jobcenter fails to decide — does not lose their claim ([URTEIL-REFERENZ]).

How to Proceed Now

  1. File the application before signing the contract. Form "Antrag auf Zusicherung nach § 22 SGB II" or informal application. Enclose: draft tenancy contract of the new flat, notice of the old flat (if already given), reasoning for the necessity of the move. State the overlap period explicitly.

  2. Justify necessity cleanly. The more concrete, the better. Medical certificates for health reasons, school confirmations for the children, cost-reduction notice from the Jobcenter, pregnancy certificate, proof of taking up work, photos of defects in the old flat. All as copies, never hand out originals.

  3. Insist on a written decision. Verbal information ("that will be fine") has little legal value. Ask for a decision with instruction on legal remedies — otherwise no clean deadline runs later.

  4. Document the overlap. Prove rent payments for both flats via bank statements, notice confirmation from the old landlord, move-in confirmation. The better the evidence, the easier the cost coverage.

  5. If refused: objection within one month. "I hereby file an objection against the decision of ...". Enough to preserve the deadline. You can add the reasoning at leisure — including a reference to the duty to exercise discretion and the concrete necessity of the move.

  6. In acute hardship: urgent application. If you cannot otherwise pay the double rent and loss of a flat threatens, file an application for preliminary legal protection (§ 86b SGG) with the Social Court. It is free of charge, does not require a lawyer and can be decided within a few days.

Avoid Typical Mistakes

  • Do not sign the tenancy contract without approval. Anyone filing the application only after signing loses a strong argument. Even though catching up is possible — the starting position becomes noticeably harder.

  • Do not believe that "giving quick notice" on the old flat solves the problem. The notice period is statutory. It can only be shortened if the landlord agrees or a successor tenant moves in. And: moving out too quickly with the old flat standing empty is no solution — the rent is still due, just without you living there.

  • Do not overlook the discretion balancing. Many decisions refuse as a blanket matter: "no approval — no cost coverage". That is too short-sighted. A decision without a comprehensible exercise of discretion is unlawful and can be overturned by objection.

  • Do not accept a loan when a grant is possible. Check the decision for whether the Jobcenter grants the benefit as a grant or loan. A loan is deducted month by month from your Bürgergeld — with several hundred Euro, a noticeable burden over years.

Frequently Asked Questions

I have already signed the new tenancy contract without asking the Jobcenter first. Is everything lost now?

No, but it gets tighter. A retroactive cost coverage under § 22 Abs. 6 SGB II is possible if the move was objectively necessary and the approval could not be obtained for understandable reasons — for example because the flat would otherwise have been gone. What is important is documenting necessity without gaps: reasons for the move, landlord's reaction deadlines, housing market situation. An objection against a blanket refusal is almost always worthwhile.

How long may the overlap between old and new rent be?

There is no fixed limit. As a rule, the two to three months that follow from the statutory notice period under § 573c BGB are accepted without problems. For longer contractual ties — such as fixed-term tenancies or different notice periods — the Jobcenter must examine the case individually. The better you document the plight, the more likely even a longer overlap is covered.

Do I have to repay the double rent as a loan?

That depends on the individual case. § 22 Abs. 6 SGB II allows grant and loan. The Jobcenter decides by discretion. For families with children, in illness, on low income, or if the overlap is not your fault, much speaks in favour of the grant. Check the decision carefully — and file an objection if the loan form seems disproportionate.

The Jobcenter refuses approval citing "lack of necessity". What can I do?

First: gather written evidence of why the move is necessary. For cramped housing, the municipal space guideline value counts (usually 15 m² per person, sometimes more). For health reasons, a detailed medical certificate. For upcoming cost reductions, the corresponding letter from the Jobcenter itself. Then: file an objection. The decision on approval is an administrative act and can be challenged.

Does § 22 Abs. 6 SGB II also apply to the rent deposit and moving costs?

Yes. Besides double rent, the norm covers the deposit (usually as a loan), necessary moving costs (transporter, helpers at customary local rates, sometimes also a moving company) and housing acquisition costs (e.g. broker's commission in certain constellations). It is worth listing all three items together in the application.

Have your decision reviewed now

A refusal decision in connection with a move and double rent often contains exactly the errors that make an objection successful: missing exercise of discretion, blanket reasoning, overlooked necessity. Send us the decision. Within 5 minutes we check whether and how an objection is worthwhile.

We review your decision within 5 minutes. Free and non-binding.

Have decision reviewed