Assistance Dog: Tenant Rights in Germany
As a tenant in Germany, the question of whether an assistance dog is allowed in your rented flat can become relevant quickly — especially for students who rely on accessibility. This guide explains in clear steps your rights vis-à-vis the landlord, which proofs are accepted and how to enforce objection or consent. You receive practical tips for wording written defect notices, about deadlines and court steps before the local court. Technical and medical details are clarified by doctors or recognized services; here we focus on tenancy law steps, forms and authorities in Germany so you can protect your housing situation with confidence. We describe which documents landlords typically accept and how to submit objections formally. Example wordings help students respond quickly and correctly.
What applies legally?
Under the German Civil Code (BGB), the landlord must hand over and maintain the rental property in a condition suitable for contractual use; from this follow duties and rights that also affect handling assistance dogs.[1] In disputes, the Code of Civil Procedure (ZPO) applies, e.g. regarding deadlines and types of lawsuits when an out-of-court agreement fails.[2]
Which proofs do landlords accept?
Landlords often require evidence showing that the dog performs a necessary assistance function. Accepted proofs vary; important is that they are plausible, current and comprehensible.
- Medical certificate (document) with diagnosis and concrete need for an assistance dog.
- Certificate from an accredited assistance dog organization (approved) or a statement from specialist bodies.
- Form for exception agreements in the tenancy contract (form) or a written landlord permission.
How can students enforce their rights?
Students should act early and in writing: inform the landlord, attach proofs and request a written decision within a clear deadline. If consent is denied, document the reasons and check the legal basis.
- Send a written request to the landlord (form) with a deadline for response.
- Collect all proofs and communications (document) and order them chronologically.
- If refused, consider whether a court decision (local court) is necessary (court) — do not terminate hastily.
Forms and concrete steps
Important forms and templates you need or should prepare are described and must be submitted to the respective authorities. A defect notice or a formal request for permission should always be written. The types of actions and deadlines are regulated by the ZPO; eviction lawsuits are usually handled by the local court.[2][3]
- Defect notice / formal request for permission (form): written, dated, precise description, deadline for reply.
- Termination letter (template) — only relevant if tenancy or ancillary cost disputes arise.
- Statement of claim for eviction or disputes at the local court (court): check document requirements and fees in advance.
Frequently Asked Questions
- Does a general dog ban clause in the tenancy agreement also apply to assistance dogs?
- No, blanket bans can be limited if documented assistance needs exist; a concrete balancing is required.
- What deadline does the landlord have to respond when I request permission?
- There is no single statutory deadline; usually set a reasonable period of 2–4 weeks and refer to preparing further steps.
- What happens if the landlord unjustifiably refuses?
- You can seek clarification at the local court; prior advice and full documentation of all materials is recommended.
How-To
- Collect proofs: current medical certificate and certificates (document).
- Send a formal request to the landlord with a deadline (form).
- Document every reply and keep copies of all documents (document).
- If necessary, file a claim at the competent local court or seek judicial resolution (court).
Key takeaways
- Assistance dogs can override blanket dog bans in many cases.
- Good documentation increases chances of success in disputes.
