Allowing Assistance Dog: Tenant Rights in Germany
Rights of Tenants Regarding Assistance Dogs
As a tenant in Germany you are entitled to participation and protection against improper bans by the landlord. Tenancy law in the BGB regulates duties and rights of landlords and tenants, especially regarding maintenance, use of the rental property and contractual use, which are relevant in conflicts over an assistance dog[1]. Additionally, civil procedure rules determine how you can assert claims in court[2].
What Landlords May and May Not Do
Landlords may not simply ban an assistance dog if dog ownership is necessary for health and participation and is supported by medical or official evidence. Restrictions are only possible for important reasons, for example when the measure is proven unreasonable for other residents or there are concrete hygiene or safety concerns.
Typical Rights and Duties
- You are allowed to use the dwelling as intended and to keep needed assistance animals.
- The landlord may not enter your apartment without notice or prohibit assistance dog keeping without legal grounds.
- In case of impairments (e.g., allergies of other tenants) solutions such as alternative housing or contract adjustments should be considered.
Proofs, Funding and Forms
Recognition of an assistance dog often benefits from medical certificates, expert opinions, or decisions from the Versorgungsamt. Funding for acquisition, training or aids can be applied for through social agencies; responsible are often the Versorgungsamt or providers of assistance services[3]. In some cases housing benefit or other social benefits are additionally relevant.
Important Forms (Examples)
- Application for issuance of a severely disabled person's pass (form at the responsible Versorgungsamt): serves as proof of special needs.
- Application for integration assistance or grants at the social authority: relevant for training and assistance needs.
- Objection to landlord refusal or rejection of funding: formal steps are often time-limited.
Practical Steps in Conflicts
Negotiate calmly with the landlord: present evidence and a concrete care plan for the dog. If no agreement is reached you can take legal action; tenancy disputes are usually heard in the first instance at the local court (Amtsgericht), higher instances include the district court and the Federal Court of Justice for constitutional questions[4].
FAQ
- Can the landlord simply ban the keeping of an assistance dog?
- Not without further ado. If there is a medically justified need and appropriate evidence, a general ban is usually unlawful.
- Which proofs help in talks with the landlord?
- Medical certificates, expert opinions, decisions of the Versorgungsamt or documents regarding severe disability are the most important evidence.
- Who decides in case of dispute?
- In the first instance tenancy disputes are usually decided by the local court; legal questions may proceed up to the Federal Court of Justice.
How-To
- Collect medical evidence and documents about the need for the assistance dog.
- Contact the responsible Versorgungsamt or social authority to check funding options.
- Submit funding applications and, if necessary, an objection to a rejection properly and within deadlines.
- If necessary, prepare a lawsuit and file it at the local court.
Key Notes
Observe deadlines: objections and lawsuits are subject to time limits; do not miss them. Try for an amicable solution; documentation and open communication reduce escalation.
Help and Support
- Hotline of the social authority or your district for questions about integration assistance and funding.
- Hotline of the Versorgungsamt for questions about the severely disabled pass and recognition.
- Hotline of the local court for procedural questions about tenancy lawsuits.
