Hamsters, budgies, fish: you may always keep small pets
With pets there is often dispute, but for small pets a clear rule applies: you may always keep hamsters, guinea pigs, budgies, or ornamental fish in a rented apartment. You do not need permission for that.
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What you should do now
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1. Classify the animal
A small pet (always allowed) or a dog/cat (generally requiring permission)?
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2. For small pets
You do not have to obtain permission; keeping them is covered by the contractual use.
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3. For a dog/cat
Ask the landlord; but a blanket ban is invalid, what counts is the balancing.
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4. Be considerate
Make sure the pet keeping causes no nuisance (noise, odor, damage).
Frequently asked questions
Can the landlord forbid small pets?
No. Keeping small pets such as hamsters, guinea pigs, budgies, or ornamental fish is part of the contractual use of the rented apartment and is permissible without permission, since it causes no impairment. A corresponding ban in the lease is invalid.
What applies to dogs and cats?
For dogs and cats, the landlord's permission or a balancing of interests is generally required. A blanket, general pet ban in the lease is, however, invalid according to the case law of the BGH; the landlord must decide in the individual case and may not refuse permission arbitrarily.
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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.