Assistance Dog & Tenants' Rights in Germany
Many tenants in Germany face the question of whether an assistance dog is allowed in the rental apartment and which proofs are required. This article explains clearly what rights tenants have, which obligations landlords must meet, and how families can use evidence correctly without a lawyer. You will learn which medical certificates, training proofs and individual agreements help to avoid conflicts. Concrete examples and sample wordings help in conversations with the landlord. You will also find information on court procedures and official forms, so that you as a tenant in Germany can assert your rights with confidence.
What Tenants in Germany Should Know
Landlords are responsible for maintaining the rental property under the German Civil Code[1]. This means the apartment must be habitable, and restrictions on an assistance dog are only permissible if the landlord has an overriding legitimate interest. Tenants also have duties, such as consideration for neighbors or clarifying cleaning responsibilities. Many issues can be resolved through a clarifying conversation; if not, the competent local court decides in case of dispute.
Proofs for Assistance Dogs
Common proofs and documents tenants can provide include:
- Medical certificate that explains the medical need and documents the connection to a disability.
- Proof of the dog's training (e.g., training confirmation from a recognized institution).
- Written agreement with the landlord about use of common areas and cleaning duties.
- Possibly a severe disability ID or other official documents that support the need.
How to Handle Conversations and Deadlines
Prepare a short, factual letter and attach copies of the proofs. Name practical solutions, such as liability insurance for the dog and cleaning agreements, to ease the landlord's concerns.
- Formal letter to the landlord with a clear description of the need and attached proofs.
- Deadlines: give a reasonable response period (e.g., 14 days) and keep replies in writing.
- Contact: arrange a personal appointment if necessary and record the conversation.
If the Landlord Refuses or There Is a Dispute
If the landlord refuses despite conclusive proofs, you can write a formal complaint and refer to your rights. Court steps are governed by the rules of civil procedure[2]; the local court is often competent. Higher court decisions, such as those of the Federal Court of Justice, can provide guidance[3]. Always document deadlines, correspondence and all evidence.
FAQ
- Do I need a medical certificate for my assistance dog to be allowed?
- Usually yes. A medical certificate explaining the need is a central proof and increases the likelihood of agreement with the landlord[1].
- Can the landlord generally refuse consent?
- The landlord can refuse only if they demonstrate an overriding legitimate interest (e.g., unreasonable nuisance). Often compromises are possible, such as specific cleaning rules.
- Which official forms or templates do I need?
- Important items are template letters to the landlord, proof templates for medical certificates and, if necessary, applications or documents for the local court. Use official templates and forms from government sources; see the footnotes for examples.
How-To
- Collect all proofs: medical certificate, training proof and possibly a severe disability ID.
- Prepare a short formal letter to the landlord and attach copies of the documents.
- Arrange an appointment or set a response deadline (e.g., 14 days) and note the date.
- Conduct the conversation calmly and offer solutions such as liability insurance or cleaning agreements.
- If necessary: file complete documents with the competent local court and refer to the relevant legal provisions.
Help and Support
- Federal Ministry of Justice and Consumer Protection – templates and guidance
- Gesetze im Internet – BGB and ZPO
- Federal Court of Justice – case law and orientation
