Allow Assistance Dog in Rental – Tenant Rights Germany
As a tenant in Germany you can, under certain conditions, request that an assistance dog be allowed in the apartment. This text explains in clear language which rights and obligations you have, which proofs landlords may expect and which authorities or courts are responsible. We show practical steps: how to collect evidence, write an informal request and what to do if refused. The information refers to German tenancy law and important statutes such as the BGB[1], so you receive concrete steps and helpful links to make your housing accessible. We also explain which forms or certificates are often requested and how to document evidence professionally. For legal disputes we show where to file claims and which deadlines matter.
Tenant rights and legal basis
Tenants have duties of consideration and landlords have duties to tolerate the keeping of an assistance dog if the assistance is necessary for participation in daily life. The relevant regulations on the tenancy agreement and maintenance are found in the BGB[1]. In disputes about allowing an assistance dog, the local Amtsgericht typically decides in the first instance.[4]
When may a landlord refuse the assistance dog?
A landlord may lawfully refuse only if there are compelling reasons, such as demonstrable danger or significant nuisance to other tenants. A blanket ban in the lease is not automatically valid if the dog is a necessary aid. In formal disputes about tolerance or eviction, the rules of the ZPO apply to actions and deadlines.[2]
Which proofs are sensible?
In practice, clear official proofs help to substantiate the necessity of the assistance dog. Collect the following documents and make copies for the landlord and your records.
- Medical certificate or medical document confirming the need for an assistance dog.
- Proof of severe disability or comparable certificates (e.g., disability ID card).
- Training certificate or certificate from the assistance dog school as proof of performance.
- Insurance policy or liability proof covering possible damages.
How-To
- Collect all relevant proofs and prepare organized copies.
- Write a short informal letter to the landlord requesting permission and attach copies of the proofs.
- Set a reasonable deadline for an answer, for example 14 days, and document the dispatch method and date.
- If the landlord does not respond or refuses, consider legal steps or an urgent procedure at the competent local court (Amtsgericht).[4]
Frequently Asked Questions
- Must the landlord allow the assistance dog?
- If the dog provides necessary assistance for a recognized disability, there is often a duty to tolerate; the exact assessment depends on the individual case and evidence.[1]
- Which proofs will a landlord accept?
- Commonly accepted are medical certificates, training proofs and, where applicable, the disability ID card; there is no single official form but official certificates carry weight.[3]
- Where can I turn if the landlord refuses?
- In case of refusal seek legal advice and, if necessary, file a claim at the local Amtsgericht as it is the first instance for tenancy disputes.[4]
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) §535ff
- Federal Ministry of Labour and Social Affairs: Disability ID (Schwerbehindertenausweis)
- Justice Portal of the Federal and State Governments: Courts and Procedures