BGH Judgment Is “No License for Pet Owners”

Germany’s Federal Court of Justice issued an important ruling concerning pets in rented homes. Under the judgment BGH, VIII ZR 168/12, landlords cannot use standard lease clauses to impose a blanket ban on keeping dogs and cats. The court considered such clauses an unreasonable disadvantage to tenants and therefore ineffective.

Pet ownership is not automatically permitted

The ruling does not give tenants an unrestricted right to keep any animal under any circumstances. Whether a dog or cat may be kept must instead be decided after carefully weighing the specific interests of the tenant and landlord, as well as those of other residents and neighbors.

Relevant considerations may include the animal’s type and size, the characteristics of the property, and whether the animal causes noise, damage, danger or other disturbances.

The circumstances of each case matter

Although the dog owner prevailed in the case before the court, the circumstances were significant: the dog was small, and other tenants were not disturbed by it. The decision therefore means that every situation requires an individual assessment rather than an automatic approval or prohibition.

Source text credited to Marion Friedl.