Germany is a nation of renters - and animal owners. With over 8 million cats and 5 million dogs, the issue of keeping pets in rented apartments is a frequent source of conflict between renters and landlords (and quite often the neighours too). Standard German rental contracts include a clause which specifically allows only small birds and aquarium fish: for any other kind of pet, whether hamsters or alligators, the landlord's explicit permission is necessary.

The standard text (§8 No. 4 of the standard rental contract) is as follows:

"jede Tierhaltung, insbesondere von Hunden und Katzen, mit Ausnahme von Ziervögeln und Zierfischen, … der Zustimmung des Vermieters"

("The keeping of any kind of animal, especially dogs and cats, but with the exception of ornamental birds and ornamental fish, requires the permission of the landlord").

Recently a couple who wanted to keep two cats but were prohibted by their rental contract took the issue to one of Germany's highest courts, the Federal Court of Justice (Bundesgerichtshof). This has now ruled that renters have a general right to keep small animals such as hamsters, rabbits and tortoises which are not generally a source of nuisance or disturbance. However, the court has also decided that for larger animals, particularly those which will spend time outside of the apartment such as dogs and cats, permission is not automatic and renters must come to an agreement with the landlord. The landlord cannot automatically refuse, but must take the needs of the renters and possible effects on their neighbours into consideration.

This decision now overrules any more restrictive clauses in rental contracts.

Posted at 10:51 AM in