Tenant Rights Germany: Pets in Shared Areas

Many tenants face conflicts when pets appear in corridors, stairwells, or other shared areas. This text explains in clear language what rights and obligations tenants and landlords have in Germany, how house rules and the rental agreement are balanced, and which steps make sense in a dispute. You will learn how to document problems, write a factual defect notice or complaint, and when turning to the local court is appropriate. We name relevant sections of the BGB, show practical forms, and explain how courts may decide so you can resolve conflicts as quickly and amicably as possible. The advice is practical: from talking to the property manager to proposing compromises, to a written warning and, if necessary, a lawsuit. Keep records, photos, and witness statements.^[1]

What does the law regulate?

In Germany, tenant rights are primarily set out in the German Civil Code (BGB), especially regarding the landlord's duties to maintain the rented property and tenant rights in case of disturbances. Additionally, the rental contract and house rules determine which rules apply to pets in shared areas. House rules can include restrictions but must not arbitrarily infringe tenants' rights. If unclear, check the exact wording and consider legal advice or an application to the local court.^[1]

Concrete steps when a conflict arises

• Document incidents with photos, dates and witnesses.
• Seek a conversation with the neighbor or property manager.
• Send a formal defect notice or complaint to the landlord.
• Set a reasonable deadline to remedy the problem.
• If necessary: warning and possibly court action at the local court.

In deciding, courts often weigh proportionality: a small, quiet dog on a leash will be treated differently than an animal that constantly runs loose and impairs hygiene or safety. Record concrete impairments (odour, faeces, soiling, behaviour) and reference the house rules or rental agreement in your letters.

Forms and official templates

Relevant official texts and templates tenants can use:

• BGB §§ 535–580a: Regulations on tenancy law (Gesetze im Internet).
• Termination letters and sample texts (BMJ) – examples for letters to landlords.
• Information on proceedings at the local court.

Practical use: a defect notice should include date, description, effects and a deadline. Example: "Please remove dog faeces from the stairwell by [date]; otherwise I will notify the property manager in writing." For possible court action, keep copies of all letters, photos and witness statements.

Frequently Asked Questions

May my neighbour walk their dog in the stairwell?

Generally yes, provided there is no unreasonable nuisance or danger and the house rules do not state otherwise.

Can house rules prohibit pets in shared areas?

House rules may contain regulations, but they cannot simply ban pet ownership if the rental agreement or case law leads to a different assessment; proportionality matters.

What if nothing changes?

Document, send a written warning, set a deadline and consider filing a suit at the local court if necessary.

How-To

1. Step 1: Document the behaviour with date, photos and witnesses.
2. Step 2: Try to resolve the matter through a conversation with the neighbour.
3. Step 3: Send a written defect notice to the landlord.
4. Step 4: Set a clear deadline to remedy the issue.
5. Step 5: If unresolved, issue a warning and consider court proceedings at the local court.

Help & Support

• BGB §§ 535–580a on Gesetze im Internet
• Local court information and contact
• Federal Court of Justice (BGH) official page

1. [1] German Civil Code (BGB) - Gesetze im Internet
2. [2] Justizportal - information about local courts
3. [3] Federal Court of Justice (BGH) - official website