Assistance Dogs in Old Buildings: Tenants' Rights Germany

Many tenants in Germany wonder whether they are allowed to keep an assistance dog in older apartments and how to enforce a landlord's consent. Legally, rights to accessibility and reasonable accommodation are central, so clear steps are useful: collect a medical certificate, inform the landlord in writing, and, if necessary, involve authorities or the local court. Older buildings may have structural limitations or house rules, but the interest in participation often prevails. This text explains in practical terms which laws apply, which forms are needed, and how to resolve disputes calmly and with legal certainty so that you as a tenant can represent your needs. I list official forms, deadlines, and case examples so you have clear action steps.

Legal framework

The basis for tenancy rights is the German Civil Code (BGB), in particular the general provisions on the maintenance of the leased property and the tenant's use. For enforcing claims against the landlord, civil procedural rules of the Code of Civil Procedure (ZPO) apply.^[1][2] For concrete disputes with the landlord, the local court (Amtsgericht) is usually competent in the first instance, followed by the regional court (Landgericht) and the Federal Court of Justice.

Assistance dog as reasonable accommodation

An assistance dog serves the participation of a person with a disability. In the tenancy context, reasonable accommodations may therefore be required, such as allowing the dog despite conflicting house rules if the landlord cannot demonstrate significant disadvantages. Important evidence includes a medical certificate and proof of the dog's training or function.

Practical steps for tenants

The following steps help to assert permission for an assistance dog in a factual and legally secure way. Each situation is individual; the order may vary.

• Obtain a medical certificate that confirms the necessity of the assistance dog.
• Collect proofs of the dog’s function or training (e.g., confirmation from a recognized organization).
• Inform the landlord in writing and explain the reasons, enclosing copies of documents.
• Propose reasonable compromises if needed (e.g., cleaning duties, liability insurance proof).
• Document every communication and keep receipts, photos, and emails.

If the landlord refuses

If the landlord refuses, check the reasons in writing and request a precise explanation. If the landlord cannot demonstrate significant disadvantages, the refusal is often unjustified. Mediation, an ombudsman, or the local social office can assist.

FAQ

Can the landlord ban the assistance dog entirely?

No, a general ban is possible only if the landlord can demonstrate concrete, significant disadvantages.

What evidence do I need as a tenant?

Typically a medical certificate of necessity, proofs of the dog’s training/function, and proof of liability insurance.

Where can I turn if the landlord does not cooperate?

Seek legal advice, contact the local court for tenancy disputes, or the local social office for support services.

How-To

1. Obtain medical documentation that explains the need for an assistance dog.
2. Gather documentation of the dog’s training or function (certificates, confirmations).
3. Send a written notice to the landlord with attachments and a deadline for response.
4. Request a written justification if the landlord refuses and offer mediation if appropriate.
5. If refusal continues, consider legal steps and submit evidence to the local court.^[3]
6. Observe deadlines and consider interim measures under civil procedure if necessary.^[2]

Help and Support / Resources

• German Civil Code (BGB) on gesetze-im-internet.de
• Justice Portal of the Federation and the States (information on courts)
• Federal Court of Justice (BGH) – Official website

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Justizportal des Bundes und der Länder – Informationen zu Gerichten
4. [4] Bundesgerichtshof (BGH) – Official Website