Pets in Tenancy Agreements: Tenant Rights in Germany

As a tenant in Germany, you often encounter unclear clauses about keeping pets in the tenancy agreement: what is allowed, what consent a landlord may require, and what rights you have in case of a ban? This article explains in plain language which rules are legally permissible, which wordings are common in modern, transparent tenancy agreements, and how you as a tenant can politely and documentedly request permission. We show practical sample formulations, useful steps for applying and tips on securing evidence. We also list relevant laws, courts and official forms so you can enforce your rights in urban metropolitan areas with confidence. Read on for FAQs, a step-by-step guide, sample wordings and links to official authorities.

What is a pet clause?

A pet clause in the tenancy agreement regulates whether and under what conditions pets are allowed. Blanket bans are not always lawful; court rulings and the Civil Code (BGB) set limits on consideration, proportionality and necessity.^[1]

Typical clause elements

• Permission statement or blanket ban — clear formulations instead of ambiguous prohibition phrases.
• Conditions for consent: size, breed, number or proofs (e.g. liability insurance).
• Obligations for damages and cleaning: who pays for repairs or pest control?
• Documentation requirements: vaccination record, proof of expertise or references.

When can a landlord prohibit or consent?

A landlord may only enforce a pet ban if legitimate interests prevail (e.g. severe nuisance to other tenants, disproportionate danger). Decisions by the Federal Court of Justice show that individual case assessments are required and general housing-use bans are not automatically permissible.^[2]

Sample wordings for tenants

• "The tenant may keep pets up to size X with the landlord's written consent; consent may not be withheld without objective reasons."
• "The tenant is liable for damages caused by pets in full; proof of pet liability insurance is the tenant's responsibility."
• "The tenant shall provide vaccination records and references upon request; changes must be reported to the landlord."

Practical steps: What to do if the landlord refuses

First: stay calm and request in writing. Explain your case, offer compromises (e.g. deposit, liability insurance, extra cleaning) and document every communication. If no agreement is reached, mediation bodies or the local Amtsgericht as a tenancy jurisdiction can be consulted.^[3]

FAQ

Can the landlord generally ban pets?

A general ban is only lawful under certain conditions; often an individual assessment is required before a blanket ban takes effect.

What proofs can the landlord require?

Common proofs are vaccination records, proof of liability insurance and sometimes references from a previous landlord.

What if neighbors complain?

Document incidents, seek a conversation and offer solutions; in repeated cases evidence is important for legal steps.

How-To

1. Check the tenancy agreement for existing pet clauses and note wording and paragraphs.
2. Form/Request: Draft a written request to the landlord describing the pet and attaching proofs.
3. Observe deadlines: Set a response deadline (e.g. 14 days) and document the dispatch.
4. Documentation: Collect photos, correspondence and vaccination and insurance proofs.
5. Mediation or conciliation: Consider local conciliation bodies before filing suit.
6. Legal steps: If refusal continues, filing a claim at the competent local court may be appropriate.^[3]

Help and Support / Resources

• Gesetze im Internet (BGB, ZPO and other statutes)
• Federal Court of Justice (BGH) — decisions on tenancy law
• Federal Ministry of Justice and Consumer Protection (BMJV)