Mietschuldenfreiheitsbescheinigung: Must Landlords Issue It?
Mietschuldenfreiheitsbescheinigung: Must Landlords Issue It?
You do not have to issue it: the tenant has no right to it (BGH, judgment of 30.09.2009, VIII ZR 238/08).
All you are obliged to give is a receipt for rent received (§ 368 BGB). If you do issue the certificate, issue it only once the tenancy is fully settled. It can operate as a waiver of outstanding claims.
§ 368 Satz 1 BGBIn 60 seconds
In 2009 the BGH held that there is no right to a rent debt clearance certificate: neither from the contract nor as an ancillary duty.
Your only obligation is the receipt for a payment received (§ 368 BGB). That one you cannot refuse.
A certificate issued without reservation can be read as a declaration that nothing is outstanding, including items you have not yet billed.
So issue it only once arrears, the service charge statement and the deposit settlement are conclusively resolved.
The certificate should carry the tenant's name, the address of the flat, the duration of the tenancy, and the place, date and your signature.
What the law says
On receiving performance, the creditor must on request issue a written acknowledgement of receipt (a receipt).
Receipt or certificate, what you owe
| Feature | Receipt (§ 368 BGB) | Rent debt clearance certificate |
|---|---|---|
| Tenant's right | yes, by law | no (BGH VIII ZR 238/08) |
| What it says | a specific payment was received | no rent debts exist |
| Scope | only the payment receipted | the entire tenancy |
| Risk to you | low | possible waiver of outstanding claims |
Why tenants ask for it
Many landlords ask applicants for the certificate because it answers in one sentence what is otherwise laborious to check: whether someone has paid the rent reliably. For your outgoing tenant it is therefore a competitive advantage in a tight housing market.
That explains the request. It does not create a duty. Whether you issue it is your decision.
If you do issue it, timing decides
Wait until the tenancy is fully settled. As long as the service charge statement or the deposit settlement is outstanding, you cannot know for certain whether claims remain, and a certificate given without reservation can be held against you later.
Once everything is resolved, issuing it is unproblematic and costs you nothing but a signature.
Common mistakes
Resolve service charges and the deposit first, otherwise you certify a clean slate you would later have to dispute.
The tenant has a legal right to it, independently of everything else.
The receipt evidences a payment, the certificate freedom from debt overall. The scope is entirely different.
You do not have to issue it, but a factual reference to the receipt under § 368 BGB saves you the argument.
Record the outstanding items expressly if you issue anything at all.
What to do next
Check whether arrears, the service charge statement and the deposit settlement are fully dealt with.
If something is open: point to the receipt under § 368 BGB and hold the certificate back.
If everything is settled: enter the name, the address of the flat, the duration of the tenancy, place, date and signature.
Keep a copy for your records.
Frequently asked questions
As a landlord, am I obliged to issue a Mietschuldenfreiheitsbescheinigung?
No. The Bundesgerichtshof ruled that a tenant has no claim against their (former) landlord for the issuance of a Mietschuldenfreiheitsbescheinigung (BGH, judgment of 30 September 2009, Az. VIII ZR 238/08). It is neither customary in business dealings nor a contractual ancillary duty. You may issue it voluntarily, but you are not required to, unless the Mietvertrag (lease) expressly provides otherwise.
What is the tenant actually entitled to, then?
Only to a Quittung (receipt) for rent payments actually received (§ 368 BGB). A Quittung confirms that a specific payment was received, but it says nothing about whether other claims are still open. That is exactly the difference from the Mietschuldenfreiheitsbescheinigung, which confirms comprehensive freedom from debt.
What belongs in a Mietschuldenfreiheitsbescheinigung?
The content is not regulated by law. Customary entries are: the tenant's name, the address of the flat, the duration of the tenancy, and confirmation that the rent (where applicable including Nebenkosten / service charges) was always paid in full and on time and that no Mietrückstände (rent arrears) exist. Place, date and your signature complete it.
What risk do I take by issuing the certificate?
A Mietschuldenfreiheitsbescheinigung goes further than a Quittung: it confirms that no rent debt remains. This can create the impression of a Verzicht (waiver) of claims still open or in dispute, for example a later back-payment from the Nebenkostenabrechnung (service-charge statement). Issue it only when the rent account is genuinely settled, and word it carefully.
Why does a new landlord ask an applicant for a Mietschuldenfreiheitsbescheinigung?
Because it documents payment behaviour in the previous tenancy and so lowers the risk of payment default. Unlike a SCHUFA credit report, which reflects general creditworthiness, the certificate targets the rent-payment history specifically. For the new landlord it is an indicator, not proof, and the old landlord is not required to provide it.
Can I refuse to issue it if something is still open?
Yes. Because there is no claim to it (BGH VIII ZR 238/08), you may decline to issue it at any time: all the more so when Mietrückstände, an open Nebenkosten back-payment or disputed claims still exist. In that case you should not certify blanket freedom from debt in the first place.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.