Mietschuldenfreiheitsbescheinigung: Do You Have to Provide One?

A Mietschuldenfreiheitsbescheinigung is a confirmation from your previous landlord that no rent arrears are outstanding. A new landlord may not demand one when you are looking to rent new accommodation. You can find waitlists in Hamburg and Berlin in one place at Waitly.

Last updated: 13 September 2026.

In short

The reasoning is a chain of two steps. The Federal Court of Justice held that previous landlords are not obliged to issue such a certificate. Because you therefore cannot compel one, a new landlord may not demand it from you either, according to the guidance of the German data protection authorities.

What is a Mietschuldenfreiheitsbescheinigung?

An informal letter from your previous landlord confirming that no rent claims are outstanding from your current or former tenancy. There is no statutory form for it.

It is often used as evidence of reliability. Legally, however, it is a voluntary document, not a standard proof.

Why may it not be demanded?

Because nobody is obliged to issue it. The data protection authorities refer to the judgment of the Federal Court of Justice of 30 September 2009, case VIII ZR 238/08, and draw the consequence: such a certificate therefore also cannot be demanded of applicants when they intend to rent new accommodation.

This is more than a formality. If it were still required, applicants would be held responsible for something that depends entirely on the goodwill of a third party.

What may a landlord ask instead?

Questions about serious breaches of duty, and only once the decision has been made in your favour. Permitted are questions such as whether, in your current tenancy, you were in arrears of more than one month's rent on two consecutive due dates.

The guidance takes its bearings here from the termination threshold in § 543(2) of the German Civil Code. Delays below that threshold are not significant: under the case law of the Federal Court of Justice, there is no sufficient breach of duty where the arrears do not exceed one month's rent and the delay lasted less than a month.

What if it is demanded anyway?

Stay factual and offer an alternative. In practice, evidence of your recent rent payments through bank statements, with all information that is not required blacked out, often does the job.

You can also point to the legal position without sharpening the tone. Many forms come from template collections and are simply out of date.

Will you get one voluntarily if you ask?

You might, but do not rely on it. Your previous landlord may issue a confirmation, but is not obliged to.

If the relationship is good, ask early and in writing. If you are refused, that is not a bad sign for your application, it is simply the legal position.

Key takeaways

A Mietschuldenfreiheitsbescheinigung is a bonus, not an obligation, and it may not be made a condition. Prepare the permitted information and evidence instead, so you can move quickly in the decisive phase. Because the selection can still be tight, it pays to use several routes in parallel: through Waitly search and through interest lists.

We have also put together the full list of documents for a rental application, including the point at which each piece of evidence becomes due. Active lists are searchable through Waitly.

Frequently asked questions

Is my old landlord obliged to issue the certificate?

No. The Federal Court of Justice held in 2009 that no such obligation exists.

May I provide it voluntarily?

Yes. What is prohibited is the landlord demanding it, not you providing it of your own accord.

What about a payment confirmation from the property manager?

That is voluntary too. As an alternative, redacted bank statements showing the regular payments can serve the purpose.

Do I have to disclose rent arrears unprompted?

Not unprompted. But you must answer permitted questions about serious breaches of duty truthfully in the final phase.