Service Dog Access: Tenant Rights in Germany

Many tenants in Germany are unsure whether they may keep a service dog in an apartment within a condominium owners' association (WEG). This guide explains in plain language which rights tenants have under tenancy law^[1], which proofs or medical certificates are often requested, how to negotiate with your landlord and the WEG, and which steps are possible if there is a refusal. We cover practical forms, deadlines and evidence and show how and when to file a complaint or lawsuit at the competent local court (Amtsgericht)^[2]. The guidance is based on relevant legal provisions in Germany and lists important authorities and courts for further information.

Service dog in WEG buildings: What tenants need to know

In principle, many tenants are entitled to use aids for participation. In tenancy relationships, rental law can protect the right to use the apartment despite special needs; in WEGs, the consent of the owners' association can also play a role. For questions about duties and rights, the BGB is often decisive, in particular the rules on tenant obligations and use of the rented property^[1].

What proofs are usually requested?

Landlords or the WEG typically ask for a medical certificate that documents the need and possibly information about the dog's training. A severe disability ID card can be additionally helpful, but it is not always mandatory^[3]. Protect your personal health data and provide only necessary information.

What to do if the landlord or WEG refuses?

First, document the refusal in writing and request a reasoned statement. Ask the landlord to respond within a deadline and offer to clarify questions confidentially. If no agreement is reached, the next step is a formal demand or, if necessary, an application to the local court in accordance with civil procedure rules^[2].

• Send an informal letter or application (form) to the landlord and the WEG describing your need and the desired solution.
• Collect evidence (evidence): medical certificates, training records and photos of the living situation.
• Set deadlines (deadline) for responses and note all dates and time limits.

FAQ

Do I need a medical certificate to keep a service dog?

In many cases, a medical certificate is required or at least very helpful to demonstrate the specific need; without proof, enforcement against the landlord or WEG is more difficult.

Can the WEG generally prohibit keeping service dogs?

A general prohibition is only possible under narrow conditions, for example if keeping the dog causes significant impairment to other owners; the WEG usually must weigh individual interests.

What can I do if the landlord or WEG refuses approval?

Document the refusal, gather evidence, set a deadline for a statement and consider legal action up to filing a lawsuit at the competent local court; seek legal advice if necessary.

How-To

1. Gather medical certificates, training records and all relevant documents (evidence).
2. Draft an informal letter or application (form) to the landlord and the WEG and request a statement.
3. Set clear deadlines (deadline) for responses and respond within the specified timeframes.
4. If no agreement is reached, file a lawsuit at the competent local court (court) and refer to your documentation.

Help and Support / Resources

• BGB §§ 535–580a: Tenancy law (Gesetze im Internet)
• Federal Court of Justice (BGH) – information on decisions
• Federal Ministry of Labour and Social Affairs: information on severe disability

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Federal Ministry of Labour and Social Affairs: severe disability
4. [4] Federal Court of Justice (BGH)