Keeping Pets When Extending a Tenancy in Germany
As a tenant in Germany, you often face questions about keeping pets when extending your lease. This guide explains in plain terms which rights and obligations you and the landlord have, when consent is necessary and which contract clauses matter. I show how to prepare a conversation, which documents and forms are useful and how to respond calmly if permission is refused. I also explain which authorities and courts are relevant and which deadlines you must observe. The goal is to give you concrete steps so you can resolve your pet issue securely and with minimal conflict.
Rights and Obligations for Pet Ownership
The basic legal framework for tenancy agreements in Germany is in the Civil Code (BGB), in particular §§ 535–580a.[1] Tenants generally have the right to use the rented property, and landlords have duties to maintain it. Pet ownership can be regulated by contract: if the lease contains an explicit prohibition or restriction, the landlord's consent is often required.
When Is the Landlord's Consent Required?
- If the lease contains a clause restricting or prohibiting pet ownership.
- For dangerous or unusually large animals and for types of keeping that affect the landlord's house rules.
- If neighbors are significantly affected, leading to claims for damages or injunctions.
Contract Wording and Templates
When renewing leases, watch for clear wording: allowed / prohibited / "subject to landlord's written consent." Agreements on pet ownership can be tailored (e.g., small pets allowed, dogs only with consent). If you propose changes, state concrete conditions (size, number, liability insurance).
Practical Proofs and Documents
- Pet documents, vaccination records and proof of training or behavior courses.
- Liability insurance for the pet (if available) as proof of financial coverage.
- Written consent request or a proposed addendum form to the lease.
What to Do If Permission Is Denied
If the landlord refuses pet ownership when you request a lease extension, examine the reasons: legitimate reasons (e.g., serious interests of the community) or arbitrary bans. In disputes you can seek mediation or consider legal action; procedural rules follow the Code of Civil Procedure (ZPO).[2]
FAQ
- Do I always need written permission for my pet?
- If the lease contains an explicit provision on pet ownership, written consent is recommended to avoid later disputes.
- Can the landlord prohibit the pet when I extend the lease?
- Yes, if the contract contains a prohibitive clause or if significant community interests conflict. In doubtful cases, the local court (Amtsgericht) reviews proportionality.[3]
- Which forms or templates do I need?
- State the scope of the intended keeping in writing, attach proofs (vaccinations, insurance) and request a written lease addendum.
How-To
- Prepare: Gather vaccination records, photos and proof of insurance.
- Request in writing: Send a short application to the landlord with a proposed contract clause.
- Hold a conversation: Arrange a personal meeting to clarify open points.
- If refused: Use mediation or seek legal advice; as a last resort you can sue at the local court.
Help and Support / Resources
- Civil Code (BGB) – gesetze-im-internet.de
- Code of Civil Procedure (ZPO) – gesetze-im-internet.de
- Federal Court of Justice (BGH) – bundesgerichtshof.de