Tenant Check: Pets in Shared Areas, Germany

As a tenant in Germany, you should check clauses about pets and the use of shared areas carefully before signing. Many rental contracts contain vague wording that later leads to disputes about open spaces, stairwell use or walking dogs. This guide explains in plain language which mistakes commonly occur, which rights and duties arise from the BGB^[1] and how to protect yourself with documentation, template letters and sensible questions. It shows practical steps to negotiate a fair arrangement, what may be included in house rules and when court clarification may be necessary. The tips help you represent your interests as a tenant in Germany calmly and legally secure.

What to check before signing

Understanding pet clauses

Read the wording on pet ownership carefully: is it only "pet-friendly", which is vague; does it expressly allow dogs or cats, or is there a general ban? Note whether the clause covers only keeping pets or also the use of shared areas, such as walking dogs in the garden or keeping small animals in the stairwell.

Common contract mistakes

• No deadline for reporting pets: tenants should know by when they must notify pets.
• Unclear liability rules: who pays for damage caused by an animal?
• Missing rules on cleaning and repair of shared areas.
• No agreement on exceptions or special cases (e.g. assistance dogs).

Avoid verbal promises without an entry in the contract; these are hard to enforce later. If the landlord generally excludes certain animals, ask for a written exception for your case or document facts such as the animal's size, breed or habits.

Practical steps before signing

1. Ask explicitly for an addendum to the rental agreement or a written consent for pet keeping.
2. Document the condition of shared areas with dated photos before you move in.
3. Negotiate clear obligations for cleaning and compensation for damage.
4. Have deadlines and reporting obligations recorded in writing.

What to do in case of disputes about shared areas?

First try an amicable solution: contact the landlord or property manager and offer practical measures such as cleaning after use or proof of liability insurance. Always keep written records or send confirmations by email so you have evidence. If no agreement is possible, consider legal steps; tenancy claims are based on BGB provisions and proceedings usually start at the local court (Amtsgericht)^[2]. Precedents from the Federal Court of Justice (BGH) may also be relevant^[3].

FAQ

Can the landlord ban pets in the house rules?

A blanket ban is not automatically permissible; it depends on the individual case and the contract. Small animals are often tolerated, while large dogs may be judged differently depending on danger or noise.

What can I do if a neighbor lets their animal run in shared areas?

Talk to them, document incidents with date and time and inform the property manager in writing if necessary.

Do I need pet liability insurance?

Liability insurance is strongly recommended because it covers caused damage and often prevents conflicts.

How-To

1. Draft a clear written request to the landlord/property manager and ask for consent or an amendment to the lease.
2. Document the condition and use of shared areas with photos and dates.
3. If necessary, send a template letter demanding clarification or tolerance and set a deadline, e.g. 14 days.
4. If no agreement is reached, consider legal action at the local court; coordinate evidence and forms with legal advice.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Zivilprozessordnung (ZPO) – gesetze-im-internet.de
• Bundesgerichtshof (BGH) – bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) – Decisions on tenancy law — bundesgerichtshof.de