Pets: Avoid Tenant Mistakes in Germany
Why mistakes in pet ownership are problematic
Mistakes in agreements or missing documentation often lead to disputes, claims for damages or, in extreme cases, termination. Landlord duties and tenant rights are regulated in the Bürgerliches Gesetzbuch [1], and court procedures follow the Zivilprozessordnung [2]. Rental disputes are usually heard in the local court (Amtsgericht) [3], so a factual and documented approach is important.
Common mistakes and practical examples
- No written agreement or form with the landlord about pet ownership
- Incomplete or missing documentation of damage, photos and witnesses
- Unclear responsibilities for repairs caused by the pet
- Missed deadlines when replying to warnings or letters
- Violations of house rules (e.g. persistent noise)
Example 1: Dog in an apartment building
A tenant kept a dog without a written agreement. After several noise complaints she received a warning. A prior written consent and a behaviour plan with quiet hours would likely have defused the situation. If termination is threatened, immediate documentation and legal advice are recommended.
Example 2: Cat causing odor damage
A tenant reported moldy smells after a cat had been kept in a room and urine traces were found. It is important to document the damage, obtain repair estimates and set deadlines for remediation with the landlord. Rent reduction may apply if habitability is affected.
Forms and deadlines
Important forms include the complaint (Klageschrift) at the local court for eviction suits or the application for an order for payment; procedures are governed by the ZPO [2]. There are no binding national templates for defect notices, but many courts publish guidance on filing a claim. For an eviction suit the landlord files the claim at the competent local court [3]. Note all deadlines and respond in writing.
Frequently Asked Questions
- Can the landlord ban pets entirely?
- A blanket ban may be permissible in individual cases, but courts always assess the individual circumstances; blanket bans are not automatically final.
- What obligations do I have for damage caused by my pet?
- You are liable for culpably caused damage; documentation, repair estimates and timely communication are important.
- What should I do when warned about pet ownership?
- Reply in writing, document your position, ask for concrete deadlines and obtain legal advice if necessary.
How-To
- Document damage immediately with photos, date and witnesses.
- Request a written agreement or arrangement with the landlord.
- Observe deadlines and reply to warnings in time.
- Arrange repair estimates and propose solutions.
- If necessary, prepare documents for a court file at the local court [3].
Key takeaways
- Written agreements reduce conflicts.
- Good documentation strengthens your position in court.
- Meeting deadlines is often decisive for your rights.
Help and Support / Resources
- BGB §§535–580a: Tenancy law (Gesetze im Internet)
- ZPO – Civil procedure (Gesetze im Internet)
- Federal Court of Justice – Decisions (BGH)