Mietschuldenfreiheitsbescheinigung: what landlords must issue
When to issue a Mietschuldenfreiheitsbescheinigung (a landlord's confirmation that the tenant owes no rent), what you must give the tenant, and what goes in it.
You do not have to issue a Mietschuldenfreiheitsbescheinigung. You only have to give a receipt for payments you have received. If you issue the certificate at all, do it only once the tenancy is fully settled.
What to check before you issue the certificate
The certificate is voluntary. That is why it pays to choose the moment carefully.
- 1
A receipt is mandatory
You cannot refuse a receipt for rent payments you have received.
- 2
The certificate is voluntary
The tenant has no right to the certificate, and you can refuse at any time.
- 3
Check for unpaid rent
Check that every rent payment has arrived.
- 4
Wait for the Nebenkosten statement
Wait until the yearly Nebenkosten statement (Betriebskostenabrechnung) is done.
- 5
Settle the Kaution too
The Kaution (deposit) settlement should be finished too.
- 6
What to write in it
Give the name, the flat's address, the length of the tenancy, the place, the date and your signature.
Why this matters
Under § 368 BGB, you must give a receipt for payments you have received when asked. The certificate goes further. It can count as giving up claims that are still unpaid.
General information, not legal advice.
Frequently asked questions
Can I refuse to issue the certificate if something is still unsettled?
You can refuse to issue the certificate at any time, because the tenant has no right to it (BGH VIII ZR 238/08). If arrears, a back payment or disputed claims are still unsettled, do not confirm that there are no debts.
What risk do I take by issuing the certificate?
The certificate can count as giving up claims that are still unpaid or disputed, such as a later back payment from the Nebenkosten statement. Only issue it if the rent account is truly settled.
What goes in the certificate?
The certificate gives the name, the flat's address, the length of the tenancy, the place, the date and your signature. Fill it in only once rent arrears, the Nebenkosten statement and the Kaution settlement are done.
Also in this topic: Renting out property in Germany as a foreignerTaxing rental income: the Anlage V for landlordsTaxing rental income: the overview for landlordsAllow or refuse Untervermietung? Landlord guide
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