Pets in a rented flat: what is allowed
Which animals you can keep without asking, and how to get the landlord's consent for a dog or cat.
You can always keep small pets such as hamsters or fish. For a dog or cat you usually need the landlord's consent. Ask in writing before you get a pet, and give the type, size and number of animals.
The rules for pets in a rented flat
The answer depends on the animal and on what your lease says.
- 1
Small pets need no permission
You can keep hamsters, guinea pigs, rabbits, fish and small birds in normal numbers without asking the landlord.
- 2
Dogs and cats usually need consent
For a dog or cat you usually need the landlord's consent. The lease can say that you must ask before you get one.
- 3
The landlord must look at your case
The landlord has to consider your individual situation. They cannot refuse without a reason.
- 4
A blanket ban is void
A clause in the lease that bans dogs and cats outright is void.
- 5
Ask in writing first
Before you get a pet, ask the landlord in writing. Give the type, size and number of animals.
- 6
If you keep a dog without permission
If you need permission for a dog and do not have it, the landlord can send you an Abmahnung (formal warning).
Why this matters
Under § 535 BGB, the landlord must let you use the flat. Keeping animals is normally part of that use, as long as they cause no damage and disturb nobody. That is why a blanket ban puts tenants at an unfair disadvantage (§ 307 BGB).
General information, not legal advice.
Frequently asked questions
Can my landlord ban dogs and cats?
The landlord cannot ban dogs and cats across the board: a lease clause that bans them outright is void (BGH, VIII ZR 168/12). The landlord can require you to get consent, and can refuse it after looking at your case.
Which animals can I keep without permission?
You can keep small animals such as hamsters, guinea pigs, rabbits, fish and small birds in normal numbers without permission (§ 535 BGB). This applies even if the lease has a pet ban.
What happens if I keep a dog without permission?
If your lease requires permission for a dog and you do not have it, the landlord can send an Abmahnung and ask that the dog leaves the flat. So ask in writing first, and give the type, size and number of animals.
Also in this topic: Kleinreparaturklausel: when is it valid?Maklerprovision as a tenant: when you have to payRenting in Germany as a foreignerAll guides: Lease
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