For many people, pets are loyal companions and an integral part of everyday life. Whether the playful dog, the purring cat or the colorful budgie – animals enrich the lives of their owners. But what happens if you live in a rented apartment? Which pets are allowed to keep and when do you have to ask the landlord for permission? In this article we clarify the most important questions about pets in rented apartments and give valuable tips for harmonious coexistence between tenants, landlords and animal roommates.
The most important thing in brief
- Small animals such as hamsters, guinea pigs or fish are generally allowed to be kept without the landlord's consent.
- The landlord's consent is usually required for dogs and cats; However, a general ban in the rental agreement is ineffective.
- Tenants are obliged to ensure that keeping animals does not cause any disruption or damage.
Legal basis
Keeping pets in rental apartments is not expressly regulated in the Civil Code (BGB). However, courts have stipulated in numerous judgments how keeping animals in a tenancy should be dealt with. In principle, keeping pets is part of the contractual use of the rental property (§ 535 BGB), provided that this does not cause damage or inconvenience other tenants.
Small animals
Small animals are animals that are kept in closed containers and do not damage the home or bother neighbors. These include, among others:
- Rodents: hamsters, guinea pigs, rabbits
- Birds: budgies, canaries, parrots
- Aquarium animals: fish, turtles
The keeping of these animals may not be prohibited by contract as they are part of the contractual use and are generally unproblematic.
dogs and cats
When it comes to dogs and cats, the legal situation is more differentiated. According to the case law of the Federal Court of Justice (BGH), a clause in the rental agreement that generally prohibits the keeping of dogs and cats is invalid (BGH, judgment of March 20, 2013, Ref.: VIII ZR 168/12). The landlord must check in each individual case whether legitimate interests speak against the attitude. The following criteria must be taken into account:
- Size and type of animal
- Number of animals
- Character of the animal (e.g. aggressive or calm)
- Special needs of other tenants (e.g. allergies)
A general ban is therefore not permitted, but keeping them can be prohibited in individual cases if there are legitimate reasons.
Exotic animals
Particular caution is required when dealing with exotic animals. Keeping dangerous animals, such as poisonous snakes or big cats, is generally not permitted in rental apartments and can also be prohibited by a rental agreement. In addition, the keeping of such animals is often subject to legal restrictions and approval requirements under species protection law or the Animal Welfare Act.
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Consent of the landlord
The landlord's consent should ideally be given in writing to avoid misunderstandings. The landlord may only refuse his consent if there are valid reasons. Examples of legitimate reasons for rejection are:
- Excessive noise pollution from the animal
- Danger to fellow tenants (e.g. from aggressive dogs)
- Overcrowding of the apartment due to too many animals
- Inadequate care or species-appropriate husbandry of the animal
If the landlord agrees to keeping animals, this should be recorded in the rental agreement or at least confirmed in writing.
Tenant Obligations
As a tenant with a pet, you have a duty to keep the animal in a species-appropriate manner and to ensure that it does not cause any damage to the rental property. In addition, you must ensure that:
- Disturbances of the peace and quiet can be avoided (e.g. due to persistent barking)
- Common areas are kept clean (e.g. stairwells)
- Safety precautions are taken (e.g. with poisonous animals)
If you violate these obligations, the landlord can ask you to cease and desist and, if this happens again, can even terminate you without notice.
Landlord Rights
The landlord has the right to prohibit the keeping of certain animals or to revoke consent if there is a legitimate interest. This can happen if:
- Neighbors complain about noise or smell
- The animal causes damage to the apartment or house
- Legal regulations are violated (e.g. species protection)
In such cases, the landlord can demand that the animal be given up or he can terminate the rental agreement.
Animal husbandry and house rules
The house rules may contain additional regulations on keeping animals. These are binding for all tenants. Typical regulations are:
- Dogs must be kept on a leash in common areas
- Ban on animals in certain areas (e.g. playground)
- Cleaning obligations in the event of contamination by the animal
It is important to know and follow the house rules in order to avoid conflicts with landlords and neighbors.
Liability for damages
If damage occurs as a result of keeping animals, the tenant is liable. This includes damage in the apartment as well as in shared areas. It is therefore advisable to take out pet owner liability insurance that covers such damage.
