Whether a landlord can ban a pet in a rented flat does not depend on a rigid rule. In 2013 the Federal Court of Justice (Bundesgerichtshof, BGH) ruled that a blanket ban on dogs and cats in standard-form tenancy terms is invalid. For students and young professionals moving in with a dog, cat or small animal, that means a case-by-case weighing of interests. For protection against damage caused by a pet, see liability insurance in a shared flat or your own flat.
Kurz beantwortet: A general ban on keeping dogs and cats in standard-form residential tenancy terms is invalid (BGH, judgment of 20 March 2013, VIII ZR 168/12). Whether you may keep a pet is decided by weighing interests in each case. Usual small animals kept in closed containers are treated as permitted (last updated: November 2026).
Key points
- In its judgment of 20 March 2013 (VIII ZR 168/12) the BGH declared the standard clause “no dogs and cats” invalid (section 307 of the Civil Code, BGB).
- Whether keeping a pet is part of contractual use can only be judged by weighing interests case by case.
- Relevant factors include the kind, size, behaviour and number of animals as well as the location and condition of the flat.
- Usual small animals such as fish, hamsters or birds can be kept in closed containers.
- A refusal can still be justified in a specific case if there are disturbances or damage.
What did the BGH decide in 2013 about dogs and cats?
The judgment of 20 March 2013 concerned a standard clause under which the tenant was “not to keep dogs and cats”. The eighth civil senate saw an unreasonable disadvantage to the tenant under section 307(1) sentence 1 and (2) no. 1 BGB, because the clause excludes all keeping of dogs and cats and so breaches the core idea of the landlord’s duty to let the tenant use the flat under section 535(1) BGB (full text in German: VIII ZR 168/12).
The clause ignored legitimate tenant interests, for example with guide dogs, assistance dogs for people with disabilities or therapy dogs. It also applied where the landlord has no recognisable interest in a ban because neither damage nor disturbance occurs. The court could not trim the clause down to the typical case and rejected it as a whole.
When can a landlord still refuse a pet?
The ruling does not mean that every dog or cat is allowed. The senate stresses that the question can only be answered by weighing interests in the individual case, and a schematic solution is ruled out. The landlord need not tolerate pets in every case, but cannot exclude them across the board in standard terms.
| Factor | What enters the weighing |
|---|---|
| Animal | Kind, size, behaviour and number of animals |
| Flat and building | Condition and location of the flat and the building |
| Tenant | Personal circumstances, such as age, and special needs |
| Surroundings | Interests of housemates and neighbours |
| Landlord | The landlord’s previous handling of pets |
The list follows the criteria named by the senate. The ruling sets no fixed limit, for example on size or number of animals.
What applies to small animals such as fish, hamsters and birds?
In the lease at issue, a separate clause allowed usual small animals without consent. The senate pointed out that small animals can be kept in closed containers, which is different for dogs and cats. That does not mean a blanket ban on dogs and cats would be valid. How other wording works, such as a consent requirement, depends on the contract text, and the ruling contains no general rule on that.
What applies in a shared flat or a dorm?
In a shared flat the housemates matter too, as their interests enter the weighing. If you are a subtenant, your counterpart is the main tenant, see main tenant or subtenant in a shared flat (in German). In a student dorm the operator’s house rules usually apply, so read them before moving in. Where the lease or house rules expressly allow animals, you can rely on that. An express ban must be followed as far as it is valid.
Who pays if a pet causes damage?
Assumption: your dog damages the floorboards in the flat. You are liable for such damage as the keeper of the animal, and the landlord may use the deposit to secure claims. Whether and how far liability insurance covers pet damage to the rented property depends on the policy. Depending on the federal state or municipality, special duties may apply to dog owners, such as liability cover, which you can ask your municipality about. See our guide to liability insurance in a shared flat.
How best to approach the landlord?
Raise the subject before moving in or before getting the animal, and describe it concretely. Give the breed or species, approximate size, age and how it is kept, for example whether it stays alone during the day. That gives the landlord the details that count in the case-by-case weighing. Written consent helps you later if neighbours or housemates object.
When searching for a flat, it pays to mention pets early. If you find a clause in the lease that bans dogs and cats across the board, you can have it checked in light of the ruling. This does not replace advice from a tenants’ association or a lawyer, but it helps classify the specific wording.
Frequently asked questions
Can a landlord ban a dog in a rented flat?
A ban by standard clause for all dogs and cats is invalid under the BGH judgment of 20 March 2013. Whether you may keep a particular dog is weighed case by case. Ask before you get the animal and have the consent confirmed in writing.
Do I have to notify the landlord about a cat?
The ruling says nothing general on this. If your lease contains a notification or consent duty, its validity depends on the wording. A short written note to the landlord brings clarity in any case.
Does this apply to assistance dogs?
The BGH names guide dogs, assistance dogs for people with disabilities and therapy dogs as examples of legitimate tenant interests that a blanket clause must not ignore.
Do I lose the right to challenge a clause by signing the lease?
No. The senate makes clear that signing alone does not cost you the right to rely on a clause being invalid. The landlord bears the burden of proof for conduct contrary to good faith.
How to proceed
- Read the lease and house rules for clauses on keeping animals.
- Ask the landlord before getting the animal and get the answer in writing.
- Describe the animal, such as breed, size and how it is kept, so the case-by-case weighing is possible.
- Sort out cover for damage, for example through liability insurance.
- In a dispute, have the contract checked by a tenants’ advice service or a lawyer.
Related guides
- Living while studying: rent, shared flats, dorms and housing benefit
- Understanding your lease as a student (in German)
- Can the landlord do that? Common questions
- Liability insurance in a shared flat or your own flat
- Student Dorm or Shared Flat: Which Suits You Better?
Sources: Federal Court of Justice, judgment of 20 March 2013, VIII ZR 168/12, 2013. Statutes: section 535 BGB and section 307 BGB.
Last updated: November 2026. This guide is general information, not individual advice.
