Mietschuldenfreiheitsbescheinigung: Must Landlords Issue It? (2026)

What is a Mietschuldenfreiheitsbescheinigung?

A Mietschuldenfreiheitsbescheinigung (rent-debt clearance certificate) is a written statement by the landlord confirming that a tenant left no outstanding rent debt during the tenancy – that the rent was always paid in full and on time. Applicants often present it to a prospective landlord to demonstrate reliable payment behaviour.

The decisive point for you as a landlord comes first: the tenant has no legal claim to its issuance. The Bundesgerichtshof (Federal Court of Justice) ruled this expressly in its judgment of 30 September 2009 (Az. VIII ZR 238/08). You therefore issue the certificate voluntarily.

Must you issue a Mietschuldenfreiheitsbescheinigung?

No. According to the BGH, issuing a Mietschuldenfreiheitsbescheinigung is neither customary in business dealings nor a contractual ancillary duty (BGH, judgment of 30 September 2009, Az. VIII ZR 238/08). The tenant cannot demand it from you.

The court reasoned partly with your own interests: a blanket confirmation of freedom from debt can work to your disadvantage in a later dispute with the tenant, because it can read like a Verzicht (waiver) of claims that are still open.

There is one exception: if the Mietvertrag (lease) expressly stipulates that you will issue such a certificate, you are bound by that agreement.

What is the tenant entitled to? The Quittung (§ 368 BGB)

You are obliged to provide something else: on request, you must give the tenant a Quittung (receipt) for rent payments received (§ 368 BGB). This provision gives the debtor – here the tenant – a genuine claim to a written acknowledgement of receipt.

The difference from the Mietschuldenfreiheitsbescheinigung is fundamental:

Feature	Quittung (§ 368 BGB)	Mietschuldenfreiheitsbescheinigung
Tenant's claim	Yes, by law (§ 368 BGB)	No (BGH VIII ZR 238/08)
Statement	A specific payment was received	No rent debt exists
Scope	Only the payment receipted	The whole tenancy, comprehensive
Risk for the landlord	Low	Possible waiver of open claims

In short: the Quittung says "this payment arrived", the certificate says "nothing is outstanding". The latter is the broader – and for you riskier – statement.

What belongs in the certificate if you issue it?

The content is not prescribed by law. If you issue the certificate voluntarily, the following entries are customary:

• The tenant's name
• The address of the rented flat
• The duration of the tenancy (from – to)
• Confirmation that the rent (where applicable including the Nebenkosten / service charges) was always paid in full and on time
• A statement that no Mietrückstände (rent arrears) exist
• Place, date and your signature

Achtung: Issue a Mietschuldenfreiheitsbescheinigung only when the rent account is genuinely settled in full and no Nebenkostenabrechnung (service-charge statement) is still pending. A blanket confirmation of freedom from debt can be read as a Verzicht (waiver) of claims still open or in dispute – for instance a later back-payment. When in doubt, limit yourself to a Quittung under § 368 BGB, or state expressly that the statement covers only the current rent.

Why do new landlords ask for this certificate?

For the new landlord, payment behaviour in the previous tenancy is a direct signal of the risk of payment default. A Mietschuldenfreiheitsbescheinigung documents exactly that: that the applicant has paid their rent in full and on time so far.

It complements the usual Mieterselbstauskunft (tenant self-disclosure form) and the SCHUFA credit report. Whereas the SCHUFA report reflects general creditworthiness, the certificate targets the rent-payment history specifically. For the new landlord it is an indicator, not proof – and because there is no claim to it, they may wish for it but cannot compel it.

Common mistakes by landlords

• Assuming you are obliged to issue it – in fact there is no claim (BGH VIII ZR 238/08)
• Confusing the Quittung (§ 368 BGB) with the Mietschuldenfreiheitsbescheinigung – you owe the Quittung, not the certificate
• Certifying freedom from debt while a Nebenkosten back-payment is still pending
• Certifying blanket freedom from debt and unintentionally waiving claims still open or in dispute
• Issuing a certificate with no date, no clear period or no signature – its value to the new landlord is then minimal
• Issuing it even though the tenant was still in Mietrückstand (rent arrears)

HausMaus makes this easier

HausMaus keeps a complete rent collection overview for every tenancy – every payment received, every open amount, every Nebenkostenabrechnung sits in the digital Mietakte (rental file). So you can see at a glance whether the rent account is truly settled before you confirm anything. If you choose to issue a Mietschuldenfreiheitsbescheinigung voluntarily, you generate it directly from that record and file the finished document in the document vault. Evidenced rather than asserted – you confirm only what the payment history supports. Wohnen, geregelt.