Pets in Common Areas - Tenants in Germany

Many tenants in Germany live in shared flats or apartment buildings where pets and common areas often cause conflicts. This guide explains in plain language which rights and duties tenants have, how house rules and tenancy law under the BGB apply and which steps are sensible in a dispute. You will learn how to address problems politely, which forms or deadlines to observe and when the local court (Amtsgericht) becomes competent. With practical templates, checklists and tips for securing evidence you can achieve a fair solution without immediately going to court. Read on if you seek pragmatic and legally sound orientation for everyday life as a tenant in a big city in Germany.

What applies legally?

The tenancy law framework is found in the Civil Code (BGB), in particular regarding landlord and tenant rights and duties. For concrete duties regarding maintenance and use of common areas, §§ 535–580a BGB are relevant^[1]. For disputes about eviction or termination, the rules of the Code of Civil Procedure (ZPO) must be observed^[2]. In many cases the local court (Amtsgericht) is the first instance for tenancy disputes; higher instances are the regional court (Landgericht) and the Federal Court of Justice (BGH)^[3].

Practical steps for conflicts about pets

When pets cause problems in hallways, stairwells or common rooms, a structured approach helps:

• Document incidents with date, time and photos as evidence.
• First speak politely with the neighbor or shared flat about the incident.
• If necessary, request a written agreement or warning; observe deadlines.
• If no solution is found, consider court action and seek advice.

Forms and templates

For formal steps there are official forms and templates: termination letters or warnings should be clearly worded, name deadlines and attach evidence. A payment order (Mahnbescheid) can be initiated via justice portals; the ZPO governs procedures and deadlines^[2]. Always state date, place and a concrete request for remedy.

Tips to avoid conflicts

Proactive rules in the shared flat or building help: record pet rules in the house rules, set cleaning schedules, require leashes in stairwells or define storage areas. When taking a new pet in, agree on rules in writing.

• Agree clear written rules within the flat or building community.
• Ensure prompt repair or cleaning of any damage.
• Clarify liability for damage caused by pets.

FAQ

Who decides whether pets are allowed in common areas?

This is usually regulated by the house rules, the tenancy agreement or an agreement of the owners/community; basic provisions of the BGB still apply.

Can the landlord ban pets altogether?

A general ban is only possible in exceptional cases; in many cases a balancing of interests and the concrete circumstances, such as size, species and behavior of the animal, are decisive.

What deadlines apply if I receive a warning?

Respond promptly: deadlines vary, but you should usually respond or remedy within days to weeks; legal steps follow after repeated breaches.

How-To

1. Collect evidence: photos, date, time and witness notes.
2. Contact the person involved and record agreements in writing.
3. Send a formal letter (warning) with a deadline for remedy, if necessary.
4. If no agreement is possible, seek legal advice and consider filing at the local court.
5. Keep all documents and document further incidents to support your case.

Help and Support / Resources

• [1] Civil Code (BGB) §§ 535–580a
• [2] Code of Civil Procedure (ZPO)
• [3] Federal Court of Justice (BGH) – Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH) – Decisions
4. [4] Federal Ministry of Justice and Consumer Protection (BMJ)