Assistance Dog in Old Building: Tenant Rights in Germany

As a tenant in Germany, you may have a right to keep an assistance dog even in older apartments. Many disputes with landlords arise from unclear agreements or missing documentation. This practical guide explains which documents help, which legal basics apply, and what steps you as a tenant in an old building can take if the landlord raises concerns. I describe simple documentation steps, deadlines and contacts so you can assert your rights under tenancy law and the BGB in a factual way. The goal is to avoid common mistakes and resolve conflicts early without immediately going to court. I show which medical certificates and attestations are useful, how to document photos and email communication, and when an informal letter to the landlord is sufficient. If necessary, I explain how to prepare an application at the local court and the role medical evidence plays.

What applies legally?

The rules of the German Civil Code (BGB) apply to tenancy relationships, especially provisions on landlord and tenant duties as well as use of the rental property. In disputes about assistance dogs, fundamental rights, equal treatment aspects and housing rights must be weighed. Read important BGB paragraphs as a basis and check whether a medical certificate documents the necessity of the dog.^[1]

Document: Step-by-step

1. Secure photos (photo) and videos immediately with dates.
2. Request a medical certificate or attestation (form) and keep a copy.
3. Collect written communication: emails, letters and responses (document).
4. Note deadlines (calendar) and respond within the timeframes.
5. If escalation occurs, consider preparing a claim at the local court (court) or seek legal advice.

Common mistakes

• Not documenting (record) – missing evidence weakens your position.
• Ignoring deadlines (deadline) – respond within the stated times.
• Missing attestations or unclear forms (form) – clarify the proof early.

FAQ

Do I always need a medical certificate for an assistance dog?

A medical certificate strengthens your position but is not always mandatory; it is particularly helpful in health or discrimination matters.

Can the landlord generally refuse an assistance dog?

A general ban may be unlawful if the dog is necessary for participation or medical care; concrete weighing and documents are important.

Which evidence is strongest in tenancy disputes?

Medical certificates, dated photos, collected emails and a clear chronology of events are especially helpful.

How-To

1. Collect evidence immediately: photos (photo), videos and date stamps.
2. Request a medical certificate (form) and make copies.
3. Inform the landlord in writing and attach supporting documents (notice).
4. If necessary, prepare a claim at the local court or seek legal advice (court).

Help and Support / Resources

• BGB on gesetze-im-internet.de
• Federal Ministry of Justice and Consumer Protection (BMJV)
• Federal Court of Justice (BGH) – Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Information on local courts and jurisdictions – Justiz
3. [3] Decisions of the Federal Court of Justice (BGH)