Assistance Dogs for Tenants 2025: Rights in Germany
What applies in 2025 for assistance dogs?
Assistance dogs support people with disabilities in everyday life. In tenancy law, the rights of tenants who rely on assistance often conflict with landlords' interests. In principle, the German Civil Code (BGB) protects the tenancy and obliges landlords to tolerate justified uses, provided no disproportionate disadvantages arise.[1] In addition, the General Equal Treatment Act (AGG) and disability law can offer protection if dog ownership is necessary for participation.
Practical: What should tenants do?
If you want to keep or already keep an assistance dog, a stepped approach is recommended: transparent communication, submission of medical evidence and, if necessary, a formal request to the landlord. Keep documents ready that explain the need and record conversations in writing. In conflicts, clear deadlines and evidence help.
- Inform the landlord early and in writing about the assistance dog.
- Attach: medical certificate or attestation describing the necessity.
- Document all conversations, emails and responses.
- In case of refusal: seek legal initial advice or mediation.
Legal bases and procedures
If a landlord refuses consent without factual reason, judicial clarification may be necessary. Local courts (Amtsgerichte) are usually responsible for tenancy disputes; appeals go to the regional court and later the Federal Court of Justice (BGH). Procedural steps are governed by the German Code of Civil Procedure (ZPO), especially deadlines and service rules.[2]
Typical steps in a dispute
- Send a written request for consent with evidence.
- Set a deadline and point out possible legal steps.
- On refusal: obtain mediation or legal advice.
- As a last measure: consider suing at the competent local court.
Evidence and official forms
Relevant evidence includes medical certificates or expert opinions describing the functional necessity of the assistance dog. There is no nationwide "assistance dog form," but applications for benefits or disability ID cards can be important for additional rights. See the statutory texts for relevant provisions in the BGB.[1]
Frequently Asked Questions
- Can the landlord ban an assistance dog?
- A general ban is not always permissible. With proven need, the landlord must in many cases tolerate dog ownership unless significant nuisances or damages occur.
- What evidence is common?
- Medical certificate or expert opinion, evidence of the dog’s training and possibly confirmation from payers or authorities.
- Where to turn in case of dispute?
- Try mediation, contact the competent local court or the advisory service for persons with disabilities.
How-To
- Write a short, factual notice to the landlord asking for consent.
- Attach a medical certificate and any training evidence.
- Set a reasonable deadline for a reply (e.g., 14 days) and document everything.
- If refused: seek advice and possibly prepare a suit at the local court.
Help and Support
- BGB §§ 535–580a: Tenancy law
- Federal Court of Justice: tenancy decisions
- Federal Ministry of Labour and Social Affairs - forms and info