Can pets be kept in my own apartment?
Or can the landlord simply say no to keeping animals in rental apartments?
We have the answers.
In addition to dogs and cats * as the most common pets, many people now keep pretty much everything that gasps and flies at home, from fish to birds to snakes and lizards.
Numerous studies suggest that
pets can have
a
positive effect
on our
lives
and thus also on our
health
.
Especially in
times of Corona
, many people satisfy their need for closeness by getting a pet.
According to the Industrieverband Heimtierbedarf (IVH) and the Central Association of German Zoological Companies (ZFF), the number of pets in German households rose
by almost one million
to almost 35 million
in the past year 2020
.
Quite a few of the pets mentioned are kept in rental apartments, especially in large cities.
In order not to mess with your landlord unnecessarily or even make yourself liable to prosecution, you should
familiarize yourself with the do's
and don'ts of keeping pets
in rental apartments before you think about buying a companion.
Is there a general ban on pets in rental apartments?
The
German rental law
addresses the issue of keeping pets in the house or in the house
very strict
, especially if they are likely to interfere with other tenants.
Nevertheless, the Federal Court of Justice ruled in March 2013 (AZ .: VIII ZR 168/12) that the landlord
should
not simply prohibit
keeping a pet
in the rental agreement
.
Instead, the judgment states that a “
comprehensive weighing of interests
must be
carried out in each individual case”.
These criteria play an important role in the weighing of individual interests:
·
Type
and
size of
the animal
·
Behavior
and
number
of animals
·
Type
,
size
,
condition
and
location of
the
apartment
/ house in which the apartment is located
· Number, personal circumstances, age and legitimate interests of roommates and neighbors
· Number and type of other animals in the house
Previous handling by the landlord (right to equal treatment)
· Special needs of the tenant
(BGH, judgment of November 14, 2007 AZ .: VIII ZR 340/06)
If you buy a pet in your rented apartment, you should of course show
consideration for your neighbors in
order to avoid further disputes and arguments with them and / or your landlord.
For the sake of clear regulation,
general principles for
keeping
pets
can be
laid down in the house rules
, for example to determine whether cats or dogs should be kept on a leash outside the home.
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.
dogs and cats
Dogs
and
cats
are the
Germans
'
favorite pets
. According to statistics, Germany's households have a total of
15.7 million cats
and
10.7 million dogs
.
Keeping dogs and cats in the apartment
requires the consent of the landlord
, although this
cannot simply be refused
.
The landlord must carry out a
specific check
here
, in which the above-mentioned
points of criticism must
be
taken into account
.
The possible noise nuisance or pollution by the animal does not provide sufficient justification here.
Especially if other parties in the house have already been approved to keep animals or you have a legitimate interest, such as when it comes to a guide dog, you may be
entitled to the consent of the landlord
.
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.
Common small animals (e.g. rabbits, fish, guinea pigs, hamsters, and budgies)
No matter what the lease says
, according to the Federal Court of Justice (BGH judgment of March 20, 2013, VIII ZR 168/12),
small animals can always be kept
.
So you can
keep
non-toxic and harmless animals
that live in cages, aviaries, terrariums or aquariums in your home without hesitation, as long as the
number
of small animals kept
remains
within
a
reasonable range
.
Unusual small animals (e.g. venomous or strangler snakes, some species of spider (giant or venomous spiders) and scorpions)
The species of animals that count among the "unusual small animals" may only be kept with the
explicit permission of the landlord
.
A refusal of the landlord's consent is quite possible here, since
dangers
,
noise disturbances
or
safety risks
are understandable reasons that justify a ban on keeping a pet.
It also becomes difficult with animal species that are associated with a
potential noise nuisance
, such as certain parrots, but also with animals that
potentially
cause
disgust
in other people, such as spiders and rats.
Certain breeds of dogs can also count as "dangerous" pets if they are listed as "attack dogs" in the respective federal state.
If a
permitted pet
becomes
dangerous,
for example because it injures other people, the keeping of this animal can be
prohibited
.
This was decided by the Munich District Court in the case of a mini pig (Az .: 413 C 12648/04).
What can you do if your landlord prohibits keeping animals?
Your rental agreement contains a
general ban
on keeping animals or keeping dogs and cats?
-> It is best to have the clauses checked legally.
You may
keep
harmless / non-toxic small animals
, the number of which is reasonable, even
without permission and despite the prohibition.
Is there
an ineffective ban on keeping dogs or cats
in the rental agreement
, or is
there no section
on keeping animals
at all
?
-> Don't just get a four-legged friend without consulting your landlord, but ask for permission / consent.
This obliges your landlord to weigh up the interests in each individual case and either
to allow animals to be kept
or to present
valid / factual reasons
why he
forbids
dogs or cats in the apartment
.
If necessary, you can take
legal action
against the
prohibition or the refused consent
.
* merkur.de is an offer from IPPEN.MEDIA.
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