Pet Clauses in Leases: Tenants in Germany

As a tenant in Germany you need clarity about documents, deadlines and sample clauses when you want to keep a pet. This guide explains which documents are useful, which deadlines you must observe and how to negotiate a permissible agreement with the landlord. The information is written so you can take concrete steps, such as which proofs to collect, how to propose an amendment clause and which courts are responsible for disputes. Read the examples and use the sample sentences as a basis for negotiations.

Which documents should tenants have ready?

Good documentation is decisive for talks about pet ownership. Collect evidence that shows the animal's health, behavior and your responsibility.

• Vaccination and deworming records of the animal, if available.
• Proof of pet liability insurance or evidence of the intention to take one out.
• Brief description of behavior (e.g. calm, well socialized) and references from the previous landlord.
• Photos of accommodation (e.g. secured balcony, sleeping place) and evidence of maximum number and size.

Important deadlines and legal foundations

Deadlines are especially important for terminations and complaints about disturbances. Fundamental tenancy obligations are found in the BGB; check in particular the rules on maintenance, use and termination ^[1]. For eviction proceedings, the civil procedure rules of the ZPO apply ^[2].

• Respond to warnings or regulatory requests within a few days, usually 14 days, to clarify misunderstandings.
• For formal terminations, the statutory notice periods of the BGB apply; check deadlines before reacting.

Sample clauses: Wording to negotiate

When negotiating a pet clause, clear, fairly worded sentences help. Here are three examples you can adapt:

• "The tenant is permitted to keep one pet (dog/cat), provided it causes no nuisance to other tenants and liability insurance is taken out."
• "Small pets such as birds, fish and small mammals are allowed; for exotic or dangerous animals the landlord's consent is required."
• "The tenant undertakes to report any damage immediately and to cover the costs of remediation."

How to negotiate practically with the landlord

Prepare documents, propose a clear temporary permission and offer protective measures (e.g. deposit for damages, liability insurance).

1. Present: vaccination and insurance proofs, photos of housing and references.
2. Propose: a temporary permit (e.g. 12 months) with an extension clause if behavior is positive.
3. Secure: have the agreement signed in writing and keep copies in the tenancy file.

If it becomes a dispute: competent courts and procedures

For tenancy disputes, local courts (Amtsgerichte) are usually competent in first instance; appeals go to the regional court (Landgericht), and highest court questions are decided by the Federal Court of Justice (BGH) ^[3]. For eviction claims or disputed terminations observe the procedural requirements of the ZPO.

Common pitfalls and how to avoid them

• Unclear verbal promises: insist on written specification.
• Damage by pets: document the apartment condition at move-in and move-out.
• Duty of consideration: respect noise control and cleanliness to avoid warnings.

FAQ

Can a clause in the lease generally prohibit pet ownership?

A general ban may be invalid in certain circumstances; courts examine proportionality and individual interests.

Can the landlord require liability insurance?

Yes, the landlord can require the tenant to take out liability insurance as part of an individual agreement.

What to do if you receive a warning about pet ownership?

Respond in writing, document your countermeasures and consider legal advice or mediation.

How-To

1. Collect: have vaccination records, insurance proof and photos ready.
2. Offer: draft a temporary permit with conditions.
3. Document: get the agreement signed in writing and keep copies.
4. Clarify: contact the competent local court or seek legal advice in case of dispute.

Key Takeaways

• Written, specific clauses prevent many future disagreements.
• Complete documentation strengthens your negotiating position.

Help & Support / Resources

• BGB (Civil Code) - Gesetze im Internet
• Federal Court of Justice (BGH) - Decisions
• Federal Ministry of Justice - Information and Forms

1. [1] BGB - Bürgerliches Gesetzbuch (Gesetze im Internet)
2. [2] ZPO - Zivilprozessordnung (Gesetze im Internet)
3. [3] Federal Court of Justice - Decisions and Information