Pets in a rental flat: what landlords can do
What you can and cannot put in the lease about dogs, cats and small pets.
A blanket ban on dogs and cats in the lease is void, and the tenant can always keep small pets. Instead of a ban, agree that a dog or cat needs your consent, and refuse only for a good reason.
The rules on pets in a rental flat
Keeping animals is normally part of using the flat. You can set rules for it, but you cannot rule it out altogether.
- 1
No blanket ban
A clause that bans all dogs and cats is void.
- 2
Small pets are allowed
The tenant does not have to ask before keeping hamsters, fish or birds in normal numbers.
- 3
Require consent for a dog or cat
Write into the lease that a dog or cat needs your consent.
- 4
Decide case by case
What counts is the size and number of the animals, the flat itself and the neighbours' interests.
- 5
When you can say no
Refuse only if you have a good reason.
- 6
When you can withdraw permission
If the animal causes real disturbance or damage, you can withdraw your permission.
Why this matters
Under § 535 Abs. 1 BGB, you must let the tenant use the flat, and keeping animals is normally part of that use. A ban with no exceptions puts the tenant at an unreasonable disadvantage and breaks § 307 BGB.
General information, not legal advice.
Frequently asked questions
Can a landlord ban pets entirely?
No, a landlord cannot ban pets entirely. A blanket ban in a standard lease clause is void (BGH, VIII ZR 168/12). But you can require your consent for a dog or cat.
Does the tenant need my permission for small pets?
No, the tenant can keep small pets such as hamsters, fish or birds in normal numbers without your permission. Only for a dog or cat does it depend on the individual case.
Can I withdraw permission I have already given?
You cannot withdraw permission for a pet without a reason. If the animal causes real disturbance or damage, you can withdraw your permission.
Also in this topic: Kleinreparaturklausel: how to write one that is validMaklerprovision & Bestellerprinzip: who pays?Staffelmiete or Indexmiete: how to agree it
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