Challenges and tips
Dusseldorf. Looking for an apartment is a challenge in itself – but with a dog at your side it can be even more challenging. Both the owner's and the dog's needs must be taken into account, such as space in the home or opportunities for exercise in the area. But the first and foremost question is: Are dogs allowed in every apartment or can the landlord veto this?
“A blanket ban on keeping pets is fundamentally ineffective in a rental agreement in Germany, this is what the case law has said, especially the Federal Court of Justice (BGH) clarified in March 2013,” explains lawyer Andreas Ackenheil, head of the Ackenheil law firm in Mainz, which specializes in animal law. “Accordingly, smaller animals such as fish, hamsters and small ornamental birds may be kept without special permission. However, a clause can be included in the rental agreement that requires the tenant to obtain the landlord's permission before purchasing a dog. This is a so-called reservation of permission clause.”
Keeping dogs only with the consent of the landlord
In contrast to guinea pigs etc., dogs have a significantly greater influence on the living environment: When leaving the apartment for a walk, other residents of the house can regularly come into contact with the animal or notice it barking. “A permission reservation clause gives the landlord the opportunity to examine the keeping of animals individually and, if necessary, to reject it if there are objective reasons. This could be health concerns of other tenants, for example if there are allergies. However, justification that the dog could damage the laminate flooring is not sufficient,” explains the lawyer. “The landlord also has the right to establish specific rules on keeping dogs to regulate coexistence in an apartment building. This can include restrictions such as the requirement that only small dogs be allowed in the apartment or that dogs must be kept on a leash in the stairwell. However, such regulations must not be blanket and unreasonably far-reaching – here, just as with permission, the landlord must weigh up the tenants' interests in keeping dogs in each individual case. The BGH has made this clear in several decisions.”
It can be helpful to provide a letter of recommendation from the previous landlord stating that there were no problems with having dogs. After consultation, it can also be advantageous to bring your dog along to the viewing so that the landlord can get his or her own opinion.
Once granted, the landlord cannot simply revoke his permission, explains Ackenheil: “If the landlord wants to revoke the permission he initially granted because there has been repeated noise pollution, aggressive dog behavior or non-compliance with the house rules, he must comply with the principle of proportionality. An immediate revocation without prior warning and opportunity to remedy the situation would generally be inadmissible.”
Special cases: assistance and list dogs
There are also special regulations for assistance and companion dogs. “Assistance dogs enjoy a special status in German tenancy law because they are recognized as medically necessary aids. The landlord cannot generally prohibit the keeping of assistance dogs without good reason,” explains the expert. This usually requires an official certificate that confirms the dog's function as an assistance dog. Despite these protection claims, owners should coordinate with their landlord at an early stage to avoid misunderstandings.
Even with so-called listed dogs, i.e. breeds that are classified as dangerous in some federal states and are subject to special requirements such as wearing a muzzle, the landlord may not generally prohibit them from being kept in the apartment, but must check this on a case-by-case basis. Attorney Ackenheil refers to rulings by the Berlin Regional Court and the Munich Regional Court, according to which a danger test is crucial for listed dogs. Landlords must accept a corresponding clearance certificate from the authorities.
Find a dog-friendly apartment
Aside from the legal aspects, owners should also make sure that the apartment is suitable for keeping their dog. What is particularly important is that the apartment is sufficiently large and has good opportunities for exercise, such as a nearby park or forest or your own garden. Climbing stairs can be harmful to their health, especially for older and large dogs. Owners should ensure that their four-legged friend can still manage their daily journeys without any problems, even in old age.
Tips for dog owners looking for an apartment
Many online platforms and real estate agents indicate in the search function or in the individual overview of the apartment whether pets or especially dogs are allowed – this can provide clarity early on and narrow down the results. Letters of recommendation from the previous landlord, dog liability insurance that covers possible damage, and friendly and open contact will help dog owners find the right apartment for themselves and their four-legged friend as quickly as possible.