← FFCheckAm I Allowed?DE
§ 535 BGB · BGH VIII ZR 168/12
Updated June 2026

🐕 Can I keep a pet in a rented flat?

With conditions
Quick answer

It depends on the animal. Small caged pets like hamsters, guinea pigs, ornamental birds or fish may always be kept without permission — a ban in the lease is void here. For dogs and cats, the Federal Court of Justice ruled in 2013 (VIII ZR 168/12): a blanket ban in a standard lease is void. Instead the individual case must be weighed — flat size, type and number of animals, neighbours' interests. The landlord may not refuse consent without good reason; it's sensible to ask first. Dangerous or exotic animals can be prohibited.

📋 The rules

  • Small caged pets (hamster, fish, budgie): allowed without permission
  • A blanket dog/cat ban in a standard lease is void (Federal Court 2013)
  • For dogs/cats a case-by-case assessment applies — no automatic yes or no
  • The landlord may not refuse consent without good reason
  • Dangerous or exotic/venomous animals can be prohibited

🔓 Exceptions

  • Guide/assistance dogs are generally always allowed
  • If animals cause serious disturbance (noise, smell, danger), consent can be revoked
  • Protected/exotic species are subject to extra rules

⚠️ Penalties & fines

If you keep a dog or cat without the required consent, the landlord can warn you and — if you don't comply — demand the animal's removal or, in extreme cases, terminate the lease. But if the landlord withholds consent without a valid reason, you can enforce it in court. Small caged pets trigger no sanctions.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Can the landlord ban dogs and cats?

Not by blanket clause. In 2013 the Federal Court ruled that a general dog-and-cat ban in a standard lease is void. Instead each case must be weighed — and the landlord may not refuse consent without good reason.

Which animals may I keep without permission?

Small caged pets such as hamsters, guinea pigs, rabbits, fish or ornamental birds. They normally cause no disturbance and may be kept without the landlord's consent — a ban would be void.

Do I have to ask first?

For a dog or cat, yes. Get written permission before the animal moves in. If the landlord refuses without a valid reason, you can ultimately enforce consent through the courts.

Can permission once given be revoked?

Yes, if the animal causes serious disturbance — persistent barking, odour or a concrete danger. The landlord can then revoke consent and demand removal.

Are list-breed or exotic animals allowed?

Here the landlord may more readily say no. Dangerous breeds and venomous or exotic animals can be prohibited, and many exotic species are subject to separate species-protection and regulatory rules.

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