Keeping Pets and Tenant Rights in Germany

Many tenants in Germany face the question of whether and how they may keep pets in their rental home. This article explains in plain language what rights and obligations tenants have, which clauses in the lease are permissible, and how you can negotiate a mutually agreeable arrangement with the landlord. You will receive practical sample wordings, guidance on how to proceed in case of refusal, and steps for documentation if a dispute arises. Legal bases and competent courts are named so you know where to get information and which deadlines to observe. At the end you will find links to official sources, sample letters, and guidance on filing an eviction claim at the local court if negotiations fail.

Rights and obligations for keeping pets

As a rule: pets are not automatically prohibited just because the lease contains a blanket clause. It is decisive whether a clause unreasonably disadvantages the tenant or whether keeping the animal is unreasonable for concrete reasons. Many cases are assessed individually based on size, species, number and possible nuisance. For legal questions and deadlines, tenancy law from the BGB ^[1] and procedural rules of the ZPO ^[2] may apply.

What may appear in the lease

The following formulations are common options tenants should know:

• Written landlord consent required for larger or exotic animals.
• Clause explicitly permitting small pets such as fish, hamsters or budgerigars.
• Provisions on liability and compensation for damage caused by pets.
• Ban on certain dog breeds only where there is verifiable danger or repeated noise nuisance.

How to obtain consent

If your lease contains no clear rule or the landlord initially refuses, proceed step by step:

1. Check the lease carefully and note specific clauses or gaps.
2. Prepare a factual written request to the landlord describing the species, size and keeping conditions.
3. Propose a sample clause or conditions (e.g. liability insurance, regular cleaning or noise limits).
4. Document all contacts, written replies and evidence (e.g. pet liability insurance).
5. If blocked, seek a discussion, possibly with neutral mediation or tenant dispute resolution services.
6. If all else fails, the matter can be clarified at the local court; observe procedural deadlines.

Sample clauses (examples for negotiation)

You can offer the landlord concrete proposals, e.g.:

• "Small pet provision: keeping cage birds, fish and small mammals is permitted if no nuisance arises."
• "Pet consent: keeping one dog is permitted with written consent of the landlord; the tenant is liable for damages."

FAQ

May I keep pets without permission?

Not automatically. Small pets are often tolerated; for larger animals written consent is usually required; individual circumstances determine the outcome.

Which clauses are permissible in the lease?

Permissible are clear, proportionate rules, such as exceptions for small pets or requirements for liability and noise. Blanket bans may be invalid.

What can I do if the landlord forbids keeping pets?

Talk to the landlord, submit a written request, propose conditions and document everything. Ultimately a court may decide.

How-To

1. Check your lease and mark relevant clauses.
2. Prepare a written request including species, keeping conditions and safeguards.
3. Attach proof such as pet liability insurance or references.
4. Propose a fair clause and ask for written consent.
5. If refused, consider mediation or legal advice; the local court can decide disputes.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – Tenancy law
• Zivilprozessordnung (ZPO) – Procedural rules
• Federal Court of Justice (BGH) – Case law

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH) – Case law