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Emergency

A dog or cat in a rented flat: may the landlord say no?

You would like to keep a dog or a cat, but your tenancy agreement contains a pet ban? A blanket ban is usually invalid. Whether you may keep a dog or cat depends on a weighing of interests; small animals are always allowed anyway.

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A general ban on keeping pets in the standard contract terms is, under the case law of the Federal Court of Justice, invalid. Whether you may keep a dog or cat is decided by a weighing of interests; the landlord may not ban them across the board.
Small animals (hamsters, budgies, ornamental fish, and the like) are always permitted without permission. For a dog or cat you should obtain permission; it may not be refused arbitrarily.

What you should do now

  1. 1

    1. Check the contract clause

    Is there a general ban? Such clauses are usually invalid. A consent reservation, by contrast, is permissible.

  2. 2

    2. Ask for permission in writing

    For a dog or cat, ask for permission and describe the circumstances (type, size, consideration for others).

  3. 3

    3. If refused, demand a weighing

    The landlord must give an objective reason for the refusal (for example, concrete disturbances). A blanket refusal is not permissible.

  4. 4

    4. Small animals need no permission

    For customary small animals you do not have to ask; they are generally permitted.

Frequently asked questions

May the landlord ban dogs and cats across the board?

No. A blanket pet-keeping ban in the standard-form contract terms is invalid (Federal Court of Justice). Whether a dog or cat may be kept is to be decided case by case after a weighing of interests; the landlord may not say no arbitrarily.

Do I need permission for a hamster or fish?

No. You may always keep customary small animals such as hamsters, budgies, or ornamental fish without the landlord's consent, because they typically cause no impairment.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.