Pets in a German Rental: Your Rights as a Tenant (2026)
Pets in a German Rental: Your Rights as a Tenant
Small pets always, for a dog or a cat you usually need consent.
A blanket pet ban in the tenancy is void (BGH, VIII ZR 168/12). The landlord must weigh the individual case (§ 535 BGB) and may not refuse without reason.
§ 535 Abs. 1 BGBIn 60 seconds
Keeping animals is normally part of contractual use of the property (§ 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): it forbids without exception and without regard to the individual case.
Small pets in usual numbers, hamsters, fish, cage birds, rabbits, you may always keep, whatever the contract says.
A valid consent requirement for a dog or cat is, by contrast, permissible: do not simply get a dog without asking first.
What counts in the balancing is the size and number of animals, the size of the flat, the animal's kind and behaviour, and the interests of the other residents.
What the law says
The landlord must grant the tenant use of the property throughout the tenancy. Keeping animals is in principle part of that contractual use, so long as no damage arises and other residents are not disturbed. Which is why a blanket ban unreasonably disadvantages the tenant (§ 307 BGB). Working translation; the German original is the binding text.
Which animals may you keep without 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 | Usually yes | The landlord must weigh the case and may not refuse without reason |
| Exotic, large or dangerous animals (parrots, snakes) | Yes | Consent required; refusal is easier to justify |
Related: Checking a tenancy agreement before signing and Noise and disturbance.
What it means for each side
- Ask in writing, stating the kind, size and number of animals.
- Give reasons: a quiet animal, a flat that suits, no allergies in the building.
- Wait for the answer. The landlord must weigh, not merely decide.
- Do not give up on an unreasoned refusal; consent can be enforced in court if need be.
- Drop any blanket ban. It is void.
- A consent requirement is permissible, but you must weigh the individual case.
- Give concrete reasons for a refusal, not a blanket one.
- Small pets in usual numbers you cannot forbid in any event.
Common mistakes
A valid consent requirement applies, even though a blanket ban would be void.
Small pets are never caught by it.
Without a record there is no way to show later what was asked and what was answered.
The landlord must weigh the case; a refusal without weighing does not hold.
What to do next
Ask in writing, stating the kind, size and number of animals.
Attach your reasons: the animal's behaviour, the size of the flat, consideration for neighbours.
Wait for the answer and insist on the balancing exercise (§ 535 BGB).
On an unreasoned refusal, enforce consent in court if necessary.
Frequently asked questions
Can my landlord ban dogs and cats?
Not across the board. A clause banning dogs and cats outright is void (BGH, ruling of 20 March 2013, VIII ZR 168/12). The landlord may make ownership subject to consent and refuse it after a case-by-case balancing of interests, but not without reason.
Which animals may I keep without permission?
Kleintiere (small animals) such as hamsters, guinea pigs, rabbits, fish, ornamental birds and harmless reptiles in normal numbers may be kept without the landlord's consent (§ 535 BGB), even if the lease contains a pet ban. They are part of vertragsgemäßer Gebrauch (use in line with the lease).
My lease says 'pets prohibited'. Is that binding?
A blanket ban in a standard-form clause is void. The position under the law then applies: Kleintiere are allowed, and dogs/cats require a case-by-case assessment. A valid Zustimmungsvorbehalt (consent requirement for dogs/cats), however, is permitted.
What happens if I keep a dog without permission?
If a valid Zustimmungsvorbehalt (consent requirement) applies and you keep a dog without permission, the landlord can issue an Abmahnung (formal warning) and demand its removal. Get consent in writing first, if they refuse without reason, you can ultimately enforce it in court.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.