Pets in a German Rental: What Landlords May Do in 2026
Pets in a German Rental: What Landlords May Do in
Not across the board. A blanket pet ban in the tenancy is void.
Small pets in usual numbers your tenant may keep without your consent. For a dog or cat the individual case must be weighed (§ 535 BGB); you may agree a consent requirement, but not refuse without reason.
§ 535 Abs. 1 BGBIn 60 seconds
Keeping animals is normally part of contractual use (§ 535 Abs. 1 BGB), so long as no damage arises and other residents are not disturbed.
A standard-form clause banning dogs and cats outright is void (BGH, 20.03.2013 – VIII ZR 168/12; § 307 Abs. 1, Abs. 2 Nr. 1 BGB). If it is in the contract it simply has no effect and the position under the law applies.
Small pets in usual numbers are unquestionably part of contractual use and are always allowed, even under a ban clause.
For dogs and cats a full balancing is needed: size and number of animals, size and location of the flat, the animal's kind and behaviour, the neighbours' interests and past experience in the building.
Instead of a total ban, a consent requirement is permissible: dogs and cats only with your prior consent, which you may refuse only on a factual ground.
What the law says
The landlord must grant the tenant use of the property throughout the tenancy. Keeping animals is normally part of that use; an exceptionless ban therefore unreasonably disadvantages the tenant and offends § 307 BGB. Working translation; the German original is the binding text.
Which animals are allowed without your consent?
| Kind of animal | Consent needed? | Note |
|---|---|---|
| Small pets (hamsters, fish, cage birds, rabbits) | No | Always allowed in usual numbers, even under a ban clause |
| Dog, cat | Yes, weigh the case | You may require consent but not refuse without reason |
| Exotic, large or dangerous animals (parrots, snakes, listed dogs) | Yes | Consent required; refusal easier to justify |
Related: Drawing up a tenancy agreement and Noise and disturbance.
What it means for each side
- Small pets in usual numbers you may always keep.
- For a dog or cat, get consent in writing.
- Ask for reasons if you are refused.
- You need not accept an unreasoned refusal.
- Do not put a blanket ban in the contract: it gives you no leverage.
- Agree a consent requirement for dogs and cats instead.
- Weigh each case and give a factual reason for any refusal.
- Do not revoke a consent already given without a reason.
Common mistakes
Void, and it gives you no leverage, because the position under the law then applies.
Unenforceable; they are unquestionably part of contractual use.
Without weighing the individual case the refusal does not hold.
Revocation needs a factual ground too.
What to do next
Check the existing clause: delete any total ban outright.
Add a consent requirement for dogs and cats, carving out small pets.
Weigh each request: size, number, behaviour, the flat, the neighbours.
Give the decision in writing, with reasons.
Frequently asked questions
Can a landlord ban pets entirely?
No. A blanket pet ban in a standard lease clause is void (BGH, ruling of 20 March 2013, VIII ZR 168/12) because it unreasonably disadvantages the tenant and breaches § 535 Abs. 1 BGB. You may, however, make keeping a dog or cat subject to your consent.
Which animals may a tenant keep without permission?
Small animals (Kleintiere) such as hamsters, guinea pigs, rabbits, fish, ornamental birds and harmless reptiles in normal numbers may be kept without your consent, even if the lease contains a pet ban. They cause no relevant damage or disturbance.
Can I refuse a tenant's request to keep a dog?
Only after a case-by-case balancing of interests (§ 535 BGB). Relevant factors are the size and number of animals, the size of the flat, the type and behaviour of the animal, and the interests of the other residents. A blanket refusal without reason is not permitted.
Can I withdraw permission I have already given?
Permission given without reservation generally cannot be revoked without cause. You can revoke it if the animal causes concrete disturbance or damage, for example persistent noise, aggression or soiling.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.