Pets in a German Rental: Your Rights as a Tenant (2026)
Updated 6/14/2026 · HausMaus Redaktion
A blanket pet ban in a German Mietvertrag (lease) is void (BGH, VIII ZR 168/12). You may keep small animals such as hamsters, fish or birds in normal numbers without permission. For a dog or cat you usually need the landlord's consent – but they must weigh the individual case (§ 535 BGB) and cannot refuse without good reason.
Can I keep pets as a tenant?
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. Your landlord therefore cannot ban pets across the board. The key rule up front: a blanket pet ban in the lease is void – you may always keep Kleintiere (small animals).
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 you as a tenant because it forbids pets without exception and without regard to the individual case.
Achtung: For dogs and cats a ban is often ineffective – but a valid Zustimmungsvorbehalt (a clause requiring the landlord's consent) is permitted. So don't simply get a dog without asking. Obtain the permission in writing first.
Which animals may you keep without permission?
| 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 | Usually yes | Landlord must assess the individual case, cannot refuse without reason |
| Exotics, large or dangerous animals (e.g. parrots, snakes) | Yes | Permission required; refusal easier to justify |
Kleintiere cause no relevant damage or disturbance. You may keep them always – even if the lease says otherwise.
How to get consent for a dog or cat
- Ask in writing – state the type, size and number of animals.
- Give reasons – a calm animal, the flat is suitable, no allergies in the building.
- Wait for the answer – the landlord must carry out a balancing of interests (§ 535 BGB).
- If refused without reason – you can ultimately enforce consent in court.
The balance depends on the size and number of the animals, the size of the flat, the type and behaviour of the animal, and the interests of the other residents.
Common tenant mistakes
- Getting a dog or cat without permission where a valid Zustimmungsvorbehalt applies
- Assuming a lease pet ban is always binding – Kleintiere are never affected
- Making the request only verbally – with no proof
- Giving up immediately after an unjustified refusal
HausMaus makes this easier
With HausMaus you upload your Mietvertrag and have its clauses explained – so you see at once whether a pet ban is valid or not. Your request to the landlord and their reply are stored in your digital Mietakte (rental file), so you can always show the permission you were given. For tenants this is free. Wohnen, geregelt.
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 statutory position 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.
Sources
This guide is based on the statute text and official sources. You can read the cited paragraphs in the original here: