As of: February 22, 2024, 1:33 p.m
By: Andrea Stettner
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Whether keeping cats in the apartment is allowed or not also depends on the individual case.
A look at the rental agreement can provide clarity.
World Cat Day is celebrated again on August 8th.
The cute furry friends are already one of the Germans' favorite pets.
But not every landlord shares this enthusiasm.
Can he ban keeping cats in the apartment?
Am I generally allowed to keep a cat in my rented apartment?
The landlord may not generally prohibit keeping cats in the apartment.
© Westend61/Imago
To say one thing in advance: The landlord cannot generally prohibit keeping cats in a rented apartment.
Cats are generally classified as small animals in tenancy law.
These usually do not even require separate permission from the landlord, as they generally do not contradict the contractual use of the apartment.
However, this can always depend on the individual case.
Take a look at the rental agreement
For example, the agreements made in the rental agreement play a role:
If keeping small animals is permitted, cats are usually also allowed in the apartment and this also applies to the balcony or loggia.
This is regulated by tenancy law.
If no specific agreement has been made in the rental agreement, keeping cats is generally permitted in this case, as pets in the apartment cannot be generally or blanket banned.
If it has been individually agreed in the rental agreement that a cat may not be kept in the rented apartment or only with the permission of the landlord, the tenant must adhere to this.
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When can the landlord ban cats?
The question of whether a landlord can ban a cat in the apartment is not an easy one to answer.
The landlord can always ban a cat if it is an individual agreement in the rental agreement and not a blanket ban.
According to
mietrecht.com,
phrases such as “keeping animals of any kind is prohibited” are not permitted in the rental agreement.
Landlords must always check on a case-by-case basis whether keeping cats is permitted.
A rejection may then “only happen for objective reasons and not at the landlord’s discretion,” the portal further informs.
“This would then put the tenant at a disadvantage.” Reasons for this could be, for example, too many animals for the size of the apartment.
Also revocation of permission to keep cats
If the landlord revokes a permission to keep cats that has already been granted, there must also be reasons for this or these must be agreed accordingly in the rental agreement.
A general formulation such as “at any time without giving reasons” is not permitted.
What happens if I keep a cat without permission?
If a cat still moves into the rented apartment, even though it is forbidden according to the rental agreement or the landlord has not given permission, in the worst case scenario the tenants are threatened with termination of the rental apartment.
Keeping cats without permission can be interpreted as a breach of contract.