Almost everyone who owns a pet or is considering getting one is familiar with the thought, “I’ll have to ask my landlord first if the pet can stay.” But is that even necessary? Is the landlord allowed to prohibit keeping the beloved pet in the apartment?
This is what the law says
According to a decision of the Federal Court of Justice from 2013, keeping pets in rented apartments may not be prohibited in principle. Pets would promote the personality development of humans, according to the justification for this ruling.
What does this mean for our pets?
Without permission of the landlord one may hold small animals such as guinea pigs or turtles. However, small animal is an equally elastic and narrow term. For ferrets, for example, you should get permission: the small rodents can be a strong odor nuisance for neighbors.
Small dogs, such as Yorkshire terriers, might count as small animals because of their size and calm temperament, but courts sometimes see it differently.
For dogs and cats, you should definitely get permission from the landlord, because keeping such an animal without permission, i.e. not tolerated by the landlord, can be grounds for termination of the lease without notice.
Plus: the landlord has a so-called subsequent right of withdrawal. This means: he can withdraw his permission to keep pets at any time.
Exceptions to this rule are guide dogs and therapy dogs. These are allowed to stay even without the landlord’s permission, as long as a certificate of their training is available.
What are grounds for banning or revoking the permit?
If the landlord has something against a dog moving in, for example, or wants to make use of his right to withdraw, he must give sound reasons for this. Reasons of the landlord could be: The dog barks constantly and thus disturbs other tenants, the dog smells or even worse: It is biting and poses a danger to others.
Tip
As always, we recommend dealing openly with the landlord about acquiring or bringing a pet. If the animal is an imposition on the neighbors, tenants have bad cards. In order to avoid the animal shelter for the four-legged friend, the tenant’s only option in this case is to move into his own home.
