Can my landlord prohibit me from keeping pets in the apartment?
January 22, 2024 | 40,00 EUR | answered by Oliver Hentschel
Dear lawyer,
I am contacting you because I have an issue with my landlord regarding keeping pets in my rental apartment. My name is Jens Nitsche and I am a tenant in an apartment in Berlin. Recently, I got a dog and my landlord has informed me that he does not allow pets to be kept in the apartment.
However, I have not found any clause in my rental agreement that prohibits keeping pets. Also, I have not received any complaints from neighbors or caused any damages in the apartment due to my pet. My dog is well-behaved and does not cause any problems.
I am worried that my landlord may evict me if I keep my pet. I love my dog and do not want to have to give him up. Are there any legal grounds that allow me to keep my pet in the apartment even if my landlord is against it? What options do I have to keep my pet without facing legal consequences?
I look forward to your assistance and thank you in advance for your help.
Sincerely,
Jens Nitsche
Dear Mr. Nitsche,
Thank you for your inquiry regarding the keeping of pets in your rental apartment in Berlin. The issue of pets in rental apartments can indeed lead to conflicts between tenants and landlords, especially when there is no specific provision in the lease agreement.
In Germany, the principle of freedom of contract generally applies, which means that individual agreements can be made in the lease agreement. However, if there is no explicit clause regarding the keeping of pets in the lease agreement, this does not automatically mean that keeping pets is allowed.
In legal practice, it is often considered whether keeping pets is common practice and does not unreasonably affect the interests of the landlord. If you acquired your dog after signing the lease and there have been no issues with the dog so far, this could be an argument for allowing pet ownership.
It is important to note that the landlord generally has the right to refuse permission for keeping pets if there are significant reasons. These may include noise disturbance, odors, or damage to the apartment. However, if your dog is well-behaved and does not cause any issues, you could argue that there are no significant reasons against keeping a pet.
If your landlord still insists on eviction, you can try to reach an agreement, for example, by making arrangements for pet ownership or by agreeing to take responsibility for any damages. If eviction still occurs, you may consider taking legal action to defend your interests.
It is advisable to have a conversation with your landlord and work together to find a solution that is acceptable to both parties. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Oliver Hentschel
Attorney specializing in tenancy law
