Assistance Dogs in WEG Buildings: Tenant Rights Germany

As a tenant in Germany, the question of whether an assistance dog is permitted in an apartment within a condominium owners' association (WEG) can be very important. This article explains clearly and practically what rights tenants have, which legal bases from the BGB are relevant and how to proceed if owners or the property management object. You will receive guidance on required evidence, possible court steps and applying for legal support such as "Beratungshilfe". The aim is to give you understandable action steps so that you can enforce your claim for an assistance dog without prior legal knowledge. I explain practical examples, forms and which courts are responsible so that you have clear next steps.

Legal basis

The basis is the landlord's general duties and tenants' protections in the Bürgerliches Gesetzbuch (BGB), in particular provisions concerning the right to use and disturbances of proper contractual use of rental housing^[1]. Whether an assistance dog is considered a necessary reasonable measure depends on individual needs, medical certificates and balancing with the interests of the WEG.

What owners often reject and how to respond

• Some owners fear odors or allergy problems; document medical findings and hygiene measures.
• Concerns about liability for potential damage: show proof of liability insurance and training certificates.
• Concerns regarding common areas and access: explain which rules the dog follows.

Evidence and forms

Important documents are medical certificates, proof of training or instruction for the dog and, if applicable, a severe disability ID (Schwerbehindertenausweis) with relevant marks. For legal steps, an application for Beratungshilfe can be useful to obtain legal support and forms^[3]. If you need to sue, the case is usually heard at the local Amtsgericht; higher decisions follow at the Landgericht and possibly the Federal Court of Justice^[2].

Practical examples

Example 1: You present a medical certificate to the board describing the assistance need and offer to provide proof of liability insurance. If the board refuses, send a formal written request for tolerance with a deadline and document all responses. Example 2: If it goes to court, the attorney or you yourself file a complaint with the local Amtsgericht; evidence such as photos, certified findings and witness statements are important.

Frequently Asked Questions

Can the WEG generally prohibit keeping an assistance dog?

No. A blanket ban can be inadmissible if the assistance dog is necessary for participation or health; an individual assessment decides.

Which proofs are usually sufficient?

A medical certificate, training or instruction proofs for the dog and, if applicable, proof of liability insurance are central.

Who decides in a dispute?

In disputes, local Amtsgerichte are usually competent in the first instance; higher instances are Landgerichte and the Federal Court of Justice for fundamental questions.

How-To

1. Collect evidence: medical certificate, training certificates and vaccination records.
2. Contact the property management in writing and attach the documents.
3. Apply for Beratungshilfe or legal support if necessary and submit required forms.
4. If necessary, file a lawsuit at the local Amtsgericht and present your evidence.

Help and Support / Resources

• Gesetze im Internet — BGB
• German Justice Portal — Court Information
• Federal Court of Justice — Information

1. [1] Gesetze im Internet — BGB §§ 535–580a
2. [2] Deutsches Justizportal — Gerichtsinfos
3. [3] Bundesministerium der Justiz — Informationen zu Beratungshilfe und Formularen