Pets in Rentals: Avoid Mistakes in Germany
Many tenants in Germany live with pets — in single apartments, with partners, or in shared flats. Unclear rules for keeping animals often lead to conflicts with landlords or housemates. This guide explains common mistakes in pet ownership within rental agreements, how you as a tenant can protect your rights under the BGB, and how to raise complaints politely but firmly. I describe practical steps: clear communication with the landlord, documenting problems, suitable wording for letters and deadlines, and when a court may be necessary. The advice is for tenants without legal training and is based on German tenancy law and official sources. At the end you will find sample templates and deadline guidance.
Rights and Duties Regarding Pets
Fundamentally, tenancy law in Germany governs the mutual rights and duties of tenant and landlord; central rules are found in the Civil Code (BGB).[1] Whether pet ownership is permitted initially depends on the lease, and later on balancing interests between the landlord and the tenant. Disturbances (e.g., noise, odor, improper keeping) can justify restrictions.
When is Pet Ownership Allowed?
A general ban in the lease may sometimes be ineffective; however, certain types of animals or excessive keeping can be restricted. In shared flats, housemates and landlords should agree rules early. If in doubt, seek a clarifying conversation and written consent.
Avoiding Typical Mistakes
- Not obtaining written permission from the landlord and relying only on verbal agreement.
- Failing to document problems (noise, damage, odor) when conflicts arise.
- Planning to keep multiple or large animals without agreement and thereby burdening other tenants.
- Not reporting repairs or animal-caused damage, or reporting them too late.
- Responding emotionally to landlord threats instead of acting factually and missing deadlines.
How to Complain About Violations
If a housemate or landlord violates agreed or legal rules, outline clear steps: written defect notice, setting a deadline for remedy, and documentation. Court action follows the Civil Procedure Rules (ZPO) and should be a last resort.[2]
- Send a written defect notice to the landlord with a concrete description and deadline (e.g., 14 days).
- Collect photos, videos and witness statements; note dates and times.
- Set deadlines: demand remedy within a clear number of days/weeks.
- If necessary: file a claim at the competent local court; inform yourself in advance about jurisdiction.[3]
FAQ
- Can the landlord ban pets entirely?
- A general ban is not always effective; courts assess reasonableness and balance of interests case by case.
- What deadlines apply after a defect notice?
- Typical deadlines are short, 7–14 days for remedy; specific deadlines should be stated in the notice.
- Who is responsible for tenancy disputes?
- Tenancy matters are usually handled by the local district court; higher instances are the regional court and the Federal Court of Justice (BGH).[4]
How-To
- Draft a written defect notice: describe the problem, date, desired remedy and set a clear deadline.
- Gather evidence: photos, videos, noise logs and witness statements.
- Contact the landlord in writing and by phone, and document the conversation.
- If no solution is found, consider going to the local court and prepare documents for a claim.
Key Takeaways
- Written communication and documentation strengthen your case.
- Legal deadlines are crucial; do not miss dates.
- Early agreements with landlords and housemates prevent many conflicts.
Help and Support
- Civil Code (BGB) — gesetze-im-internet.de
- Code of Civil Procedure (ZPO) — gesetze-im-internet.de
- Federal Court of Justice (BGH) — bundesgerichtshof.de