Pets in Common Areas — Tenant Guide Germany

Many tenants in Germany face the question of how pets are permitted in common areas such as hallways, stairwells or shared gardens and how conflicts can be avoided. This guide explains in clear steps which rights and duties tenants have, how house rules and the BGB apply, and which practical solutions help in disputes with neighbors or the landlord. You will receive concrete actions: how to address concerns calmly, create documentation, observe official deadlines and when legal steps make sense. The goal is a low-conflict solution that respects other tenants and protects your rights as a tenant in Germany. At the end you will find template texts and notes on how to proceed in court.

Rights, Duties and Legal Foundations

As a tenant you generally have the right to keep pets, unless the lease or house rules expressly and validly prohibit it. Legal foundations can be found in the Bürgerliches Gesetzbuch (BGB), especially regarding landlord and tenant duties^[1]. In legal disputes, the Zivilprozessordnung (ZPO) applies to proceedings such as eviction suits or filing a lawsuit^[2]. The local court (Amtsgericht) is competent for many tenancy disputes, the Landgericht for appeals and the Federal Court of Justice (BGH) for precedent-setting questions.

Practical Steps: Detecting and Resolving Conflicts Early

When a problem with pets in common areas arises, clear, documented steps are often more effective than emotional conversations.

• Initial talk: Discuss the problem personally and kindly with the neighbor or owner, preferably in a calm tone.
• Collect evidence: Record date, time and type of issue; photos or short videos can serve as proof.
• Written request: Draft a short, factual letter to the neighbor or landlord and document delivery or sending.
• Set deadlines: Give a reasonable deadline for remedy and state possible consequences if nothing happens.

When is the landlord involved?

The landlord is obliged to maintain the rented property in a condition suitable for contract; if pets permanently disturb other tenants or endanger the property, the landlord can intervene (duties under the BGB). If the house rules clearly regulate violations, enforcement can be easier^[1].

If Mediation and Conversations Do Not Help

If no agreement is reached, consider the following steps before going to court:

• Assess reasonableness: Is the animal's behavior or keeping objectively unreasonable (noise, odor, hygiene)?
• Final written request: Set a deadline and announce possible legal steps.
• Legal action: File a lawsuit at the competent local court, e.g. eviction or injunction claims.

FAQ

1. May tenants leash dogs or cats in the stairwell?

Generally yes, if this does not cause disproportionate nuisance to other tenants; specific permission may depend on lease and house rules.

2. Can the landlord completely ban pet ownership?

A general blanket ban is often ineffective; restrictions are possible if legitimate interests of other tenants or significant disturbances exist.

3. What can I do if a neighbor's pet barks constantly?

First document, approach the owner, issue a written request and, if necessary, consider legal steps or contact a conciliation body.

How-To

1. Avoid confrontation: First seek conversation and propose concrete behavioral changes.
2. Document: Record disturbances, times and impacts as a basis for possible legal action.
3. Formalize: Send a formal request to the pet owner or landlord and set a deadline.
4. Legal steps: If necessary, file a claim at the competent local court, observing ZPO requirements.

Help and Support / Resources

• Gesetze im Internet: BGB and other statutes
• Gesetze im Internet: ZPO (Civil Procedure Code)
• Federal Court of Justice (BGH) - official information

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Justizportal des Bundes und der Länder
4. [4] Bundesgerichtshof (BGH) - official information