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Pets in the rented apartment: Can the landlord forbid keeping pets?

This depends on the size and type of animal. The landlord may not forbid small animals such as rabbits, fish, turtles, hamsters or budgerigars. They can be kept indoors without any problems. It is assumed that they neither cause damage in the apartment nor disturb the neighbors with noise.

Large and dangerous animals such as poisonous and constrictor snakes, tarantulas or attack dogs (breeds classified as dangerous by law) may only be kept with the consent of the landlord. In addition, the renter must have a holding permit in accordance with the relevant national regulations.

On the other hand, keeping dogs and cats in the home is judged differently. However, the Federal Court of Justice has decided that the keeping of dogs and cats cannot simply be prohibited in the rental agreement (cf. judgment of 20.3.2013 - VIII ZR 168/12). Rather, it depends on the individual case whether the dog or cat can cause damage to the apartment or wear it out due to their size and breed. A smaller animal could also be prohibited under certain circumstances if other animals are already being kept in the apartment. Other factors can be the noise pollution for neighbors, the social environment in the rented apartment and the previous handling of the landlord. In addition, the legitimate interests of the lessee and lessor must be taken into account in individual cases and in particular the needs of the lessee, such as a guide dog, must be taken into account.

However, the landlord may include a clause in the rental agreement stipulating that the tenant must obtain his consent before the animal can be brought into his household. With the exception of small animals, the consent of the landlord must always be obtained before animals are allowed into the apartment, unless the keeping of the animal is already expressly permitted in the rental agreement.

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