Pets in a German Rental: What Landlords May Do in 2026

Can tenants keep pets?

Keeping pets is generally part of the vertragsgemäßer Gebrauch (use of the property in line with the lease) under § 535 Abs. 1 BGB – as long as it causes no damage and does not disturb other residents. As a landlord you therefore cannot ban pets across the board. The key rule up front: a blanket pet ban in the lease is void.

The BGH ruling: a blanket ban is void (§ 535 BGB)

Germany's Federal Court of Justice (Bundesgerichtshof, BGH) ruled on 20 March 2013 (case VIII ZR 168/12) that a standard-form clause prohibiting dogs and cats outright is void (§ 307 Abs. 1, Abs. 2 Nr. 1 BGB). It unreasonably disadvantages the tenant because it forbids pets without exception and without regard to the individual case – and it breaches the landlord's duty under § 535 Abs. 1 BGB to make the property usable.

Achtung: If your lease contains a clause such as "Keeping animals is prohibited", it has no effect. The statutory position applies instead – the tenant may keep animals under the general conditions.

Which animals are allowed without your permission?

What's allowed depends on the type of animal:

Type of animal	Permission needed?	Note
Kleintiere (hamsters, fish, ornamental birds, rabbits)	No	Always allowed in normal numbers – even with a ban clause
Dog, cat	Yes, case-by-case	You may require consent but cannot refuse without reason
Exotics, large or dangerous animals (e.g. parrots, snakes, fighting dogs)	Yes	Permission required; refusal easier to justify

Kleintiere cause no relevant damage or disturbance and clearly fall within vertragsgemäßer Gebrauch. They are always allowed – even if the lease says otherwise.

Balancing interests for dogs and cats

For dogs and cats, a full case-by-case balancing of interests is required. These factors matter:

• Size and number of the animals
• Size and location of the flat
• Type and behaviour of the animal (breed, temperament)
• Interests of the other residents and neighbours
• prior experience with pets in the building

If the balance comes out in the tenant's favour, you must tolerate the pet. A refusal without reason is not permitted.

How to draft a valid clause

Instead of a (void) total ban, a Zustimmungsvorbehalt (consent requirement) is valid: keeping a dog or cat requires your prior consent, which you may withhold only for a substantive reason. Kleintiere are excluded from this. That keeps you on safe legal ground while still giving you an overview of which animals live in the building.

Common landlord mistakes

• Writing a blanket ban into the lease – void, and gives you no leverage
• Trying to ban Kleintiere – unenforceable
• Revoking permission already granted without cause
• Refusing dogs/cats across the board without examining the individual case

HausMaus makes this easier

With HausMaus you create leases with valid, up-to-date clauses – including a proper Zustimmungsvorbehalt instead of a void total ban. Permissions granted and your correspondence with the tenant are stored in the digital Mietakte (rental file), so you can always show what was agreed. Wohnen, geregelt.