I rented my apartment for six months (from November until June). Now my ex-Mieterin asks for a Vermieterbescheinigung

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As per title, I rented out my (fully furnished) apartment these past six months, while I've been abroad; there was a regular contract and, at the start of the renting period, I made available to the tenant the documents necessary for the Anmeldung (I live in Berlin and I'm the owner of the apartment). I haven't copies of these Anmeldung documents any more, and the tenant (who has contacted me during the renting period for various reasons) never asked me anything more, or communicated me any documentation problem in regard. I actually don't know, and haven't checked, if she actually did the Anmeldung.

 

There have been problems and difficulties with this person, but it's not the subject of this topic. Now she is bugging me with the request of a Vermieter Bescheinigung, which is a document necessary for the Anmeldung, and as such she should have had it in order to do the Anmeldung, if she has done it; I, on the other hand, don't have it any more. She mentions that she needs it for her tax filings.

 

To make things more complicated, I think she mentioned me at the start of the contract that she was legally resident in another apartment and would use mine only as second residence. Again, I didn't check anything, thinking that if she really had to do an Anmeldung, she would have just done it.

 

What do I do? Can she legally request this document that I haven't? Isn't she required to have it, if she did the Anmeldung; and if she didn't, why ask for a Vermieter Bescheinigung? Does she really need it for the tax filing, or is she making up this? (By the way, I asked also my Steuerberater and they don't seem to care for this document in relation to tax filings).

 

Note also that I wouldn't have any problem in compiling it now, but can I do this on June 16 in regard to a rent period that ended one month ago?

 

Thanks!

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This might be complicated. Normally you are obligated to give this certificate in a reasonable time to enable the person to register.

 

There is a guide to the system here:-

 

and a blank certificate you can complete here:-

 

Before fill in the certificate though, you should pay attention to this declaration at the bottom:-

Quote

Ich erkläre hiermit, dass ich der Eigentümer der oben genannten Immobilie bin, die von mir und den oben aufgeführten Personen
zu eigenen Wohnzwecken genutzt wird. Ich bestätige mit meiner Unterschrift, dass die oben gemachten Angaben den Tatsachen
entsprechen. Mir ist bekannt, dass es verboten ist, eine Wohnanschrift für eine Anmeldung einem Dritten anzubieten oder zur
Verfügung zu stellen, obwohl ein tatsächlicher Bezug der Wohnung durch diesen weder stattfindet noch beabsichtigt ist. Ein Verstoß
gegen das Verbot stellt ebenso eine Ordnungswidrigkeit dar, wie die Ausstellung dieser Bestätigung ohne dazu als Wohnungsgeber
oder dessen Beauftragter berechtigt zu sein (§ 54 i.V.m § 19 BMG).

 

Are you really sure this person ever lived in your flat?

 

If they did  and you have evidence of that, then give them the certificate (Make sure the dates are accurate and all the other info is factual).

If they didn't and you have evidence of that, then don't give them the certificate. (Tell them you can't because of § 54 i.V.m § 19 BMG).

 

If you don't have evidence either way, then I'm not sure what to suggest.

 

NOTE:- I am not a lawyer and this is not legal advice. If you require legal advice seek out a suitably qualified practitioner.

 

 

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Hello pappnase,

 

thanks for the answer. If I compile this certificate now, with the dates corresponding to the correct period November-May (thus, already finished), is this legal? Isn't too late?

 

- What if another certificate already existed (which isn't in my possession); wouldn't this be a falsified copy?

- If I do compile it now, can I compile it using today's date?

 

By the way I'm really confused. IF this person didn't register, is it my fault somehow since she provably didn't ask me for missing documents? And if she registered, why does she need this certificate now, shouldn't she have it already?

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I can't give you any concrete answers , sorry., I can only tell what I experienced.

When I went to register in the city they asked for this certificate. I contacted my landlady and she issued me such a certificate . I never needed it anywhere else.

I think doing the registration is in the interest of the resident, not the landlord. How can a landlord check what the tenant is doing regarding beurocrasy .

Hopefully someone with better knowledge will comment on it

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Thanks!

In the end, I'd only need to know if I would incur in problems by sending a signed copy now. Or, alternatively, if it would be worse for me to send it now, or not to send it at all (considering that another copy may or may not be floating around)

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