Many people do not merely like animals; they also enjoy keeping them. The dog is traditionally man's loyal friend. The cat is the popular, headstrong house tiger. Children also like hamsters, rabbits and guinea pigs. Budgerigars or even parrots can also be found in some apartments. Even rats or exotic animals are popular with some people. An apartment only becomes a dream property with a pet. But may these pets simply be kept in rented apartments? Does the tenant have to ask for permission? May the landlord even impose bans? These questions repeatedly concern tenants and landlords, as well as many courts.
There is no legal basis, but there are judgments
The questions are entirely justified, because there is a great deal of half-knowledge and misconception about them. No wonder. The precise assessment is anything but simple. There is no statutory basis that could be applied.
However, many courts have now dealt with the subject. These include decisions by the Federal Court of Justice. The ruling: Tenants may keep pets; the landlord may not generally prohibit them.
But it is not quite that simple after all. The landlord can make keeping animals subject to their consent through wording in the tenancy agreement. Depending on the wording of the agreement and the situation in the building, cases may also need to be assessed individually. If such a clause is completely absent from the tenancy agreement, the interests of those affected must also be weighed against each other. This creates considerable scope for potential uncertainty.
Small animals permitted: The landlord may not generally prohibit pets
The Federal Court of Justice ruled as early as 1993 (BGH VII ZR 10/92) that landlords may not generally prohibit the keeping of small animals. Courts at all levels repeatedly rely on this ruling. Accordingly, a tenancy agreement may not contain a blanket ban, as this would unfairly disadvantage the tenant. This means that the landlord must generally tolerate small animals.
The term small animals includes, for example, birds, rats, hamsters, guinea pigs, rabbits, as well as fish and animals kept in terrariums. However, this definition generally includes neither dogs and cats nor dangerous animals such as tarantulas, snakes or similar creatures.
Bans in individual cases are "nevertheless possible!
But caution: Exceptions are possible in individual cases. If, for example, a tenant keeps parrots or loud birds, this may lead to disturbances during quiet hours and disruption of the peace in the building. Damage to the apartment that exceeds the normal level of wear and tear, as well as a particularly intense odor (for example, from ferrets), may also justify a ban. The same applies to an excessive number of animals.
In such individual cases, the landlord may take action against the keeping of the animals and prohibit it. However, if the landlord has tolerated the situation for a long period, enforcing a prohibition or even termination is difficult.
Special case: exotic animals and wild animals
If the tenant wishes to keep exotic animals, the landlord may object if they are dangerous or pose a risk to the tenants or the property. A ban on venomous snakes, for example, is possible. Tenants should always ask for permission before moving in or acquiring such animals. This applies in particular if keeping the animal requires official approval and such approval has been granted.
Such a ban may also apply to wild animals. This includes, among other things, young squirrels and hedgehogs overwintering. In principle, these animals do not pose any danger, but they may, for example, suffer from parasite infestations. Depending on the species, the Animal Welfare Act may also prohibit temporary keeping.
Keeping dogs and cats may require permission
Although a landlord may not generally prohibit the keeping of small animals, they may make keeping dogs and cats conditional on consent in each individual case. Important: The tenancy agreement may not generally prohibit keeping them. Such clauses are invalid. However, the agreement may contain a clause requiring the landlord’s consent. In that case, the tenant must ask for permission before acquiring a dog or cat. The landlord can then examine the individual case and assess whether the overall situation in the building allows for a dog or cat.
Important: To protect against potential damage, the landlord may require the tenant to take out pet owner’s liability insurance!
Is a cat allowed in the apartment?
For cats, the landlord may make their consent conditional, among other things, on installing a cat net on the balcony or terrace, and may also limit the number of cats. If they agrees however, scratches on the parquet floor, for example, are part of normal use. The tenant then does not have to pay for any damage of this kind.
A ban may be justified in individual cases in the event of an allergy. If a tenant suffers from a severe allergy to cat hair, their interests may take precedence. This applies in particular if the cat moves around in the stairwell or the apartments are directly next to each other.
Is a dog allowed in the apartment?
As with cats, the landlord may refuse consent to keeping a dog in the apartment in individual cases. A typical example is an especially large dog. Likewise, they may exclude dangerous four-legged animals if they are listed on a breed list (fighting dogs). In some federal states, a temperament test is mandatory and may serve as proof that the animal poses no danger. Nevertheless, tenants must ask for express consent to keep dogs on these lists.
When it comes to dogs, the landlord must take the interests of the other tenants into account. For example, if a person with a panic fear of dogs lives in the building, they are entitled to prohibit them. However, they must treat all tenants as equally as possible. If there are already dogs in the building, they can hardly prohibit other tenants from keeping their four-legged companions.
Conclusion: It depends on the individual case
Although the landlord cannot generally prohibit pets, they may conduct an individual assessment for dogs, cats and dangerous exotic animals. The rental agreement should then contain a clause allowing animals only with consent. If this clause is absent or the text contains a general ban, pets are allowed. It is likewise insufficient to generally prohibit animals through the house rules.
But: As soon as problems such as disturbances caused by noise arise, the landlord may ask the owner to adjust the animal’s behavior. Depending on the individual case, this may lead to a ban on keeping the pet or even have consequences under tenancy law. This also applies to ignoring a ban.
Tenants should therefore generally ask for permission to keep their animals. In addition, in their own interest, they should ensure that their animals do not disturb the other tenants through noise, odors or other things.