Enforce Assistance Dog: Tenant Rights Germany

Many tenants in Germany face the question of whether and how they can enforce an assistance dog in their rented apartment. This guide explains in plain language which rights tenants have, which obligations landlords bear and which legal bases are important. It describes practical steps: which documents and medical certificates are helpful, how to inform your landlord in writing and which deadlines must be observed. We also explain when going to the local court may be appropriate and which evidence you should collect so that your case holds up in court.

What you need to know

An assistance dog can be considered a necessary aid for a disability. Tenant rights arise from the tenancy law in the BGB ^[1], which regulates landlord duties regarding usability and deprivation. If landlords prohibit an assistance dog, courts review proportionality and proof obligations. In disputes the civil procedure rules of the ZPO can become relevant, for example for claims to tolerate or eviction lawsuits ^[2].

Practical steps to enforce your claim

• Send a written request to the landlord with a medical certificate and ask for consent.
• Collect evidence: medical statements, correspondence, photos and a timeline log.
• Observe deadlines and respond to landlord communications within a reasonable time.
• Contact advisory services or a lawyer if the landlord does not cooperate.
• Consider filing a lawsuit at the local court if an out-of-court agreement fails.

Rights, duties and common objections

Landlords may only prohibit the keeping of an animal if there are important reasons (e.g. disproportionate damage or danger to other tenants). Tenants must keep the animal so that no significant nuisance or danger arises. Courts assess individual cases and consider medical necessity, alternative solutions and reasonable protective measures. In case of repeated breaches of duty the landlord may issue warnings or, in extreme cases, seek termination; such measures are strictly reviewed.

Examples of letters and forms

There is no nationwide mandatory "consent form"; typically a simple written letter with a medical certificate is sufficient. For court proceedings you will need a complaint to the competent local court; templates and guidance are available from judicial authorities. Example wording: "I hereby request you to permit my assistance dog to live in the apartment. Medical necessity is given; the medical certificate is attached."

FAQ

Can my landlord generally ban an assistance dog?

No, a general ban is only permissible if the landlord can demonstrate specific, justified disadvantages.

What evidence helps me?

Medical certificates, statements from therapists and documentation of the need are central.

When is going to court appropriate?

If an agreement is not possible and the landlord permanently refuses tolerance, a lawsuit at the local court may be necessary.

How-To

1. Obtain a written confirmation from a doctor or therapist of the necessity.
2. Send a written request to the landlord with evidence (registered mail recommended).
3. Store all landlord responses and your documents chronologically.
4. Seek advice from tenant advisory services or a lawyer if refusal occurs.
5. If necessary, prepare and file a claim at the competent local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
• Zivilprozessordnung (ZPO) - Gesetze im Internet
• Bundesgerichtshof (BGH) - Information and decisions

1. [1] Bürgerliches Gesetzbuch (BGB)
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH)