Mietschuldenfreiheitsbescheinigung: A Right? (2026)
Mietschuldenfreiheitsbescheinigung: A Right?
You have no right to the certificate. The BGH held that issuing it is voluntary (VIII ZR 238/08).
What you do have a right to is a receipt for rent paid (§ 368 BGB), and it serves as evidence just as well. So collect your own payment records from the start.
§ 368 Satz 1 BGBIn 60 seconds
The certificate confirms that you leave no unpaid rent behind with your old landlord: nothing more.
There is no legal right to it: in 2009 the BGH expressly classified issuing it as voluntary (judgment of 30.09.2009, VIII ZR 238/08).
You do have a right to a receipt for every rent payment (§ 368 BGB): free of charge and accepted by new landlords.
Bank statements prove your rent payments just as well, and you already have them.
There is no cap in the law on the fee; €15 to €30 is usual, sometimes up to about €50. Hand over a completed form to sign and you often pay nothing.
Never hand over the full SCHUFA-Selbstauskunft under Art. 15 GDPR, only the Bonitätsauskunft (credit summary) intended for this purpose.
What the law says
On receiving performance, the creditor must on request issue a written acknowledgement of receipt (a receipt).
Certificate, receipt or bank statement?
Three ways to prove the same thing: with different effort and different certainty:
| Rent debt clearance certificate | Rent receipt (§ 368 BGB) | Bank statement | |
|---|---|---|---|
| A right to it? | No (BGH VIII ZR 238/08) | Yes, § 368 BGB | You already have it |
| What it evidences | No outstanding rent debt | One specific payment | All rent transfers |
| Cost | Up to ~€50 possible | Free | Free |
| With a new landlord | Welcome, not mandatory | Accepted evidence | Accepted evidence |
Can a new landlord demand it?
They can ask. They cannot make you produce it. Because there is no right to have it issued, your old landlord may simply refuse, and nobody can compel them. A new landlord who insists on the certificate is asking for something you may be unable to obtain.
In practice most landlords therefore accept bank statements or receipts. Offer those actively instead of waiting for a document your old landlord would have to volunteer.
Common mistakes
There is no right to it, secure your payment records yourself, from the start.
You are entitled to it even if the landlord refuses the certificate.
The receipt evidences a single payment; the certificate covers freedom from debt overall.
There is no cap, negotiate, or hand over a completed form ready to sign.
The credit summary is enough for an application; the Art. 15 GDPR self-disclosure contains far more than a landlord may know.
What to do next
Pull together the last 12 months of bank statements: they evidence every rent payment.
If something is missing, demand the receipt under § 368 BGB; you are entitled to it.
Ask for the certificate politely and early. Ideally with a completed form, while the relationship is still good.
Obtain a Bonitätsauskunft (not the full self-disclosure) for your application.
Frequently asked questions
Do I have a right to a Mietschuldenfreiheitsbescheinigung?
No. The BGH ruled on 30.09.2009 (VIII ZR 238/08) that tenants have no legal right to a Mietschuldenfreiheitsbescheinigung. The landlord issues it voluntarily. You do, however, have a right to a Quittung for rent paid under § 368 BGB.
Must my former landlord issue the certificate?
No, there is no obligation. The only exception is if issuing it was expressly agreed in the Mietvertrag (tenancy contract). If the landlord refuses, you can instead demand a Quittung for your rent payments under § 368 BGB.
What does a Mietschuldenfreiheitsbescheinigung cost?
Because there is no legal obligation, the landlord may charge a handling fee for issuing it voluntarily. There is no cap in the law. In practice the fee is usually somewhere between around 15 and 30 euros; in sought-after areas up to about 50 euros is sometimes charged. If the landlord only signs a form you prepared, the fee can often be avoided or kept small.
What is the difference from a Mietquittung?
A Mietquittung under § 368 BGB only confirms that a specific payment was made. The Mietschuldenfreiheitsbescheinigung goes further: it confirms that no unpaid rent remains overall. You have a right to the Quittung, but not to the Bescheinigung.
Can a new landlord demand the certificate?
A new landlord may ask, but has no right to it, and you do not have to present it. You can instead offer Mietquittungen (§ 368 BGB), bank statements, or a SCHUFA-Bonitätsauskunft (credit-score report) to show that you are reliable.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.