Berlin is the 19th most pet-friendly city. At least according to a study by Immowelt 2021. Alongside Potsdam, Bonn and Offenbach, just under 11% of landlords surveyed appear to allow pets in their rental apartments. But: Are landlords allowed to ban pets per se?
Pets enrich the everyday lives of many people. Unfortunately, they can quickly become a sensitive issue when looking for accommodation. Tenants ask themselves: Are landlords allowed to ban pets? And landlords are faced with the challenge: What rights do landlords and tenants have? We clarify these basic framework conditions and give you practical tips on what to bear in mind when keeping pets in rented apartments.
The most important facts in brief
- A general ban on pets by the landlord is generally ineffective. However, if the landlord asserts valid reasons against keeping pets, these must be accepted.
- Small animals such as hamsters, rabbits or fish may generally be kept without the landlord's consent. A permit is usually required for dogs, cats and exotic animals. This is often issued by the responsible rental administration responsible.
- When it comes to keeping animals in rented apartments, it is crucial to weigh up the interests of both parties individually.
To help you with this issue, EichenGlobal mediates between landlords and tenants and is your first point of contact.
Keeping animals in rented apartments - what tenants and landlords need to know
Since the enactment of the new law in 2013 at the latest, landlords may no longer no longer generally prohibit pets. Instead of imposing a blanket ban on pets, a case-by-case assessment is required. The interests of both interests of both contracting parties must be weighed up against each other against each other.
Cat, dog or hamster: Are landlords allowed to ban pets?
Small animals such as
- Hamsters,
- Guinea pigs,
- Ornamental fish,
- Rabbits and
- Birds
are permitted in most rented apartments. For larger or exotic animals, however, the express consent of the landlord is usually required.
CautionEven if the tenancy agreement expressly permits the keeping of pets, this does not mean that all types of animals are permitted. In most cases, the permission only refers to common pets (such as cats and dogs).
As a tenant? If you have any questions, please contact your property management.
As a landlord? Depending on whether you are the sole owner or part of a homeowners' association - the final decision is up to you.
Cat net and bird screen
Can the landlord ban cats? The answer to this question is the same as above. However, other factors also play a role in this decision, e.g. the installation of cat nets in rented apartments. The same applies to birds: Are bird nets allowed?
The nets offer the animals safety, but if they are installed, they can interfere with the fabric of the building. This means that holes often have to be drilled to install them. This can change the appearance of the building and landlords have the right to prohibit such changes.
Especially in a condominium, the consent of all owners of a rental property is required. Tenants should therefore fall back on alternative fixing options that do not require permanentthat do not require permanent intervention and can be removed without leaving any residue.
Damage caused by pets in rented apartments
Pets can cause damage in rented apartments despite all precautions. Scratch and bite marks on doors, furniture and floors cause trouble at the latest when moving out of the rented apartment. That's why tenants should: Take precautions. There are, for example, scratching boards or carpets for cats in rented apartments that prevent damage.
In the event of a apartment handover with defects it is important that
- Tenants and landlords should document exactly what damage has been caused by pets.
- Communicate exactly how this is handled.
- Clarify whether the deposit must be used for the repair.
This helps avoid later conflicts.
TipPet owner's liability insurance can provide financial protection.
EichenGlobal as a contact person and communicator
EichenGlobal sees itself as an mediator between owners and tenants. Through clear and transparent communication, the company ensures that misunderstandings and conflicts are identified and resolved at an early stage. We help to negotiate individual agreements on pet ownership. With our many years of experience in real estate management and our broad network of experts, we are always at your disposal. This enables us to find a harmonious and individual solution.
Pets in the home: what rights do tenants and landlords have?
The issue of pets in the home repeatedly leads to disputes between tenants and landlords. We would of course like to prevent these. Although we do not offer you any binding advice on tenancy law, we can give you some initial pointers, what options exist for both sides.
Tenants' rights
- General right to keep animalsAllowed, unless expressly prohibited in the tenancy agreement.
- Small animals in rented apartmentsGenerally permitted without prior approval (e.g. fish, hamsters, birds).
- Larger animalsCats or dogs may require permission from the landlord.
Please notePermits are usually only valid for one animal, not for several.
Rights of the landlord
- Determination of rulesThe landlord can set specific rules and conditions for keeping animals.
- Restrictions and prohibitionsYou may restrict or prohibit the keeping of animals if it impairs the quality of life or violates local regulations.
EnforcementLandlords have the right to demand that tenants comply with the rules and can take action in the event of violations.
What obligations do tenants and landlords have when keeping pets in rented apartments?
In order to ensure harmonious coexistence and avoid conflicts, both tenants and landlords have special obligations when keeping pets in rented apartments. We will now list these for you.
Obligations of the tenants
- Avoidance of disturbance and damageEnsure that pets do not cause any disturbance (e.g. to neighbors) or damage.
- Cleanliness and noise preventionRegular cleaning of the living quarters and the animal area; observance of rest periods and avoidance of noise.
- Compliance with regulationsCompliance with all relevant provisions of the tenancy agreement regarding the keeping of animals.
- Obtaining permitsIf necessary, obtain the landlord's consent to keep certain types of pets.
Responsibility for the animalEnsure that the animal is well behaved and does not pose a danger to others.
Obligations of the landlord
- Definition of guidelinesEstablish clear regulations on animal husbandry in lease agreements to avoid misunderstandings.
- Communicate rulesEnsure that tenants understand and comply with the rules.
- Maintenance of the propertyEnsure that the property is maintained and adequate living conditions are provided.
Mediation in the event of problemsMediate appropriately and fairly in conflicts in order to find a solution acceptable to all parties.
Can the landlord increase the rent if a dog is kept in the rented apartment?
In principle, the landlord may not increase the rent not increase the rent solely because of solely because of dog ownership. A rent increase is only possible under certain conditions, for example after modernization or if this has been contractually agreed. Keeping a pet is not usually such a reason. However, the landlord can demand a higher depositto cover possible damage caused by the animal.
Pets in the rented apartment: Can the landlord revoke permission?
Yes, the landlord can revoke permission to keep pets under certain circumstances. This is particularly the case if the animal causes considerable disturbance. Before revoking permission, the landlord must warn the tenant and give them the opportunity to reduce the disturbance. Immediate termination without a valid reason and without prior warning is not permitted.
Conclusion: Pets in rented apartments - a challenge for tenants and landlords
The issue of pets in rented apartments requires careful consideration of the interests of both parties. It is important to know the legal framework and to find a fair and safe solution in practice.
EichenGlobal supports you with over 25 years of experience and an extensive network of experts in the Berlin real estate market. Visit our website eichenglobal.com or contact us personally. contact in person.
FAQ: Are landlords allowed to ban pets?
Dog or cat in the rented apartment: Does the landlord have to agree?
Yes, the landlord's consent is usually required to keep dogs and cats. The size and behavior of the animal play an important role here. Small animals, on the other hand, may generally be kept without consent.
Do I have to ask my landlord if I want to keep another animal in the rented apartment?
Yes, if you already have a pet in the apartment and would like to take in another one, you should discuss this with your landlord. Here too, an individual assessment is important to ensure that there are no additional burdens for the apartment or the other tenants.
No pets allowed - what can tenants do?
If the tenancy agreement excludes the keeping of pets, tenants should first seek a discussion with the landlord. In many cases, an individual agreement can be reached, especially if small animals are involved or if there are special reasons for keeping pets. If there are inadmissible clauses in the tenancy agreement, first contact your property management company. Which property management company is responsible for you? Rental management, WEG management or SEV management - depending on the property.
When are cats and dogs allowed in the rented apartment?
Cats and dogs may be kept in the rented apartment if the landlord has consented and there are no legitimate interests of the neighbors or quality of living to the contrary. It is advisable to record the consent in writing in order to avoid misunderstandings later on.
Are cats small animals?
Cats are generally not considered small animals. Small animals are typically small animals that are (or can be) kept in cages. These include, for example, hamsters, rabbits or budgerigars. The consent of the landlord is therefore generally required to keep cats.