Defense Department personnel in Germany are being offered guidance about legal protections that prevent landlords from terminating a lease if November's rent isn't paid in part or full because of the federal government shutdown. The statement was posted Wednesday on U.S. Army Garrison Ansbach's Facebook page. (Elizabeth Caraway/U.S. Army)
KAISERSLAUTERN, Germany — Defense Department personnel living in Germany are receiving reassurance that an inability to pay November’s rent due to the ongoing partial government shutdown is not grounds for eviction.
But U.S. Army legal officials are advising American tenants to notify their German landlords of any potential problems with on-time payments to prevent any misunderstandings.
“Unless there have already been prior furlough unrelated financial problems, no landlord will be able to terminate a lease if the November rent is not paid in part or full,” a statement posted Wednesday on U.S. Army Garrison Ansbach’s Facebook page said.
The statement is based on guidance written earlier this month by the Kaiserslautern Legal Services Center, officials confirmed. Located on Kleber Kaserne, the office advises U.S. personnel on legal issues, including German landlord-tenant law.
Termination of a rental contract for late payment under German law can proceed only when a tenant falls behind by the equivalent of one month’s worth of rent plus at least 1 cent, according to the Army legal guidance.
That extra cent means tenants have a reprieve from paying rent for at least another month if they are not already behind on payments, according to the guidance, which recommends that tenants at least try to pay partial rent.
The partial government shutdown began on Oct. 1 after Congress reached an impasse on an appropriations bill. While service members were paid this week, government civilians who work for appropriated fund agencies went without pay and benefits.
There are more than 12,000 appropriated-fund civilians working at U.S. military bases in Germany, according to a DOD workforce report from June.
Also, according to German rental laws, landlords are permitted to use a rental security deposit to pay off debts or a mortgage in place of rent if the tenant defaults on a payment. That deposit must later be replenished by the tenant.
Although giving landlords advance notice of an inability to pay rent in full due to the shutdown isn’t required, it’s good practice so tenants stay in good standing with the landlord, Army officials said.
Some German landlords may be unaware of the law and send an invalid termination notice, the Army statement said.
“The tenants should neither be tricked or scared by such action but contact their legal office,” it added.
Some agencies of the U.S. military are making it easier for their employees to inform their landlords of their situation.
The Department of Defense Education Activity on Wednesday issued a letter that employees who are currently working without pay can provide to creditors, lenders and landlords when asking to reduce or defer payments, according to guidance shared with Stars and Stripes.
The letter explains that the recipient is considered an “excepted employee” and will receive retroactive pay for the specified work period when the shutdown ends.
A similar letter was sent Oct. 6 by human resource officials from Navy Region Europe, Africa, Central for Navy commands to distribute to their civilian employees.
“Pending a prompt resolution of this unforeseeable circumstance, landlords and all those who may indirectly be affected, should anticipate potential delays in the payment of the monthly rents as stipulated in the lease agreements signed with U.S. civilian personnel,” the letter states.
