Pet Clauses in Tenancy Agreements: Tenants in Germany
What does a pet clause mean?
A pet clause regulates whether and under what conditions tenants may keep animals. The German Civil Code (BGB) sets general rights and duties in tenancy; specific clauses must not contradict these rules[1]. Common wordings include "small pets allowed" or "dog only with landlord consent". The key question is whether the clause imposes a blanket ban or allows proportional, case-by-case assessment.
Typical clauses and their validity
- Blanket ban (ban) on all animals — often legally challengeable without justification.
- Requirement for written consent — can be permissible but should include clear deadlines and reasons.
- Ban of certain species — assessed for noise, odor and hygiene impacts.
- Small pets explicitly allowed — usually binding for hamsters, fish, birds in normal numbers.
- Obligation to repair damage — regulates costs for pet-related damages.
For vague wording, request a written clarification and ask for an addendum to the lease if the landlord gave verbal permission.
What to do before moving in?
Carefully read the lease and document any clauses. Ask specifically about exceptions, allowed species and possible extra costs or deposit arrangements. If a landlord refuses assistance or guide dogs, special protections often apply.
Steps in case of conflicts
- Create documentation — collect photos, emails and written confirmations as evidence.
- Send a written request (Notice) to the landlord asking for clarification.
- Observe deadlines (deadline): allow a reasonable time for response.
- For ongoing disputes consider legal steps before the local court (court) for tenancy issues.
Frequently Asked Questions
- Is a general pet ban valid in the lease?
- A blanket ban may be invalid if it prevents any weighing of interests; case-by-case checks are often required.
- Do I have to ask the landlord for permission?
- Yes, if the clause requires consent you should obtain written permission before getting an animal.
- Who decides in a dispute?
- Disputes are handled by local courts; higher appeals can reach regional courts and the Federal Court of Justice (BGH)[2].
How-To
- Read the lease: note every clause on pet ownership immediately after reviewing the contract.
- Clarify in writing: ask the landlord for a clear written rule or addendum.
- Collect evidence: save emails, photos and witness statements as proof.
- Consider legal action: if refused, seek advice and potentially sue at the local court.
Help & Support
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Bundesgerichtshof (BGH)
- Bundesministerium der Justiz (BMJ)
