Tenant Guide: Pets in Germany
What does tenancy law regulate?
Tenancy law governs landlord and tenant obligations, for example maintenance, operating costs and protection against termination. Relevant basics are found in §§ 535–580a BGB and provide the framework for pet-related questions.[1]
Pets in the rental agreement
Many rental contracts include provisions on pets. It is often necessary to distinguish between small pets and larger animals; a blanket clause is not always permissible. Obtain written consent if possible or negotiate concrete conditions.
- Permission for small pets: Small animals like fish or hamsters are often considered unproblematic.
- Request written consent (form): Ask the landlord in writing for permission and document date and content.
- Check blanket bans: A general ban may not automatically be valid; examine the clause in the individual case.
Practical steps in a dispute
If a dispute arises: collect evidence (photos, witnesses), send a formal letter and only consider rent reduction for significant impairment. Escalation may require filing a claim at the local court.[2]
- Secure evidence: photos, emails and name witnesses.
- Send a formal letter: Request consent or a justification in writing.
- Consider rent reduction: Only appropriate for reduced usability of the apartment.
- Court action: Observe procedural duties and deadlines.
Forms and templates
Important templates: a sample letter requesting permission to keep a pet (simple request to the landlord), templates for termination letters and guidance on eviction claims under the ZPO for severe conflicts.[2] Example: Send a written request with a proposed date and record the response and delivery by registered mail.
What the local court does
The local court (Amtsgericht) is the first instance for most tenancy disputes such as rent reductions, eviction claims or payment suits; procedural rules are set out in the ZPO.[2]
FAQ
- Can the landlord generally prohibit pets?
- Not always; a general prohibition can be invalid. It depends on the contract clause, the type of animal and the concrete circumstances. An individual request often helps.
- Do I always need written permission for pets?
- Written permission is not always legally required, but it is strongly recommended for evidentiary purposes.
- What to do if faced with a termination threat because of a pet?
- Act quickly, collect evidence, check whether the termination is lawful and involve the local court if necessary.
How-To
- Request written permission (form): Specify animal type, size and behavior and state the desired arrangement.
- Attach evidence: include photos, vaccination records or references from a pet sitter.
- Offer concrete conditions: e.g. leash rules, liability insurance or cleaning duties.
- Set a deadline: Ask for an answer within a clear timeframe, for example 14 days.
- Document contact: Send by registered mail or email with read receipt and keep receipts.
- If refused: Consider mediation or legal clarification at the local court.[2]
Key takeaways
- Written consent protects against later disputes.
- Documentation is decisive for success in proceedings.
- The local court is the competent first instance for tenancy disputes.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
- Zivilprozessordnung (ZPO) — Gesetze im Internet
- Bundesgerichtshof (BGH) — Official decisions and information