Tenant Guide: Assistance Dog Germany 2025

Many tenants in Germany wonder whether they are allowed to keep an assistance dog in their rented flat. This text explains clearly and practically which rights and obligations tenants have, which medical certificates or decisions are necessary, and how to request a landlord's tolerance. We describe typical procedures, from the written notification to the landlord and possible conversations to filing a lawsuit at the local court, and name the relevant provisions in the BGB. You will also find concrete sample letters, tips for documentation and communication recommendations to increase your chances of an amicable solution. We also address special cases, such as when house rules generally prohibit animals or when allergies of other residents play a role, and explain how a disability ID or medical expert opinions can support the legal situation.

Rights and legal basis

In tenancy law, the landlord's general duties to maintain the leased property and the tenant's rights under the provisions of the BGB apply, in particular regarding obligations, defects and duties to tolerate ^[1]. If an amicable solution cannot be reached, the provisions of the Code of Civil Procedure regulate proceedings before the court, for example a lawsuit at the local court ^[2]. The local court is usually responsible for tenancy disputes; appeals and important decisions can reach the regional court and the Federal Court of Justice ^[3].

Which proofs and documents help

Common evidence that helps includes:

• medical certificate with diagnosis and description of support needs
• report or expert opinion from a specialist doctor or therapist
• where applicable, disability ID or notice of equal treatment
• documentation of previous support provided by the dog
• copy of the tenancy agreement and relevant clauses on pet ownership

Practical example: send the landlord a short, polite letter with the certificate, an explanation of the dog's everyday function and a proposal for an arrangement (e.g. liability, hygiene, training proof).

What to do if the landlord refuses

First, ask for tolerance in writing and set deadlines. Keep a record of conversations and sent letters. If the landlord continues to refuse, a lawsuit for tolerance at the local court can be appropriate; the court will consider the specific circumstances, evidence and balancing of interests. A lawyer or legal advice from an official body can help prepare the lawsuit.

FAQ

Can the landlord generally prohibit an assistance dog?

No, a general ban can be unlawful if the dog is necessary for the tenant's participation or health. Balancing of interests between tenants, allergies and safety is possible.

Which evidence does the landlord usually require?

Typically a medical certificate, possibly a specialist report or a disability ID; exact requirements depend on the individual case.

What are the costs of legal action and who decides?

Costs may include court fees and attorney fees; the local court decides in the first instance, higher courts can review appeals.

How-To

1. Step 1: Gather all relevant documents such as certificates, reports and the tenancy agreement.
2. Step 2: Inform the landlord in writing and attach the evidence.
3. Step 3: If necessary, arrange a clarifying meeting and offer concrete conditions (liability, training).
4. Step 4: If no agreement, document all responses and prepare a lawsuit.
5. Step 5: File the lawsuit at the competent local court and attach evidence.
6. Step 6: Use official advice and, if necessary, legal support for litigation.

Help & Support

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Federal Ministry of Justice and Consumer Protection (BMJV)

1. [1] BGB §§ 535–580a — Gesetze im Internet
2. [2] ZPO — Gesetze im Internet
3. [3] BMJV — Bundesministerium der Justiz und für Verbraucherschutz