As a pet owner, it is often difficult to find a new rental apartment, as there is often a ban on pets. The tenancy agreement or the house rules often exclude the keeping of pets. Keeping pets is also subject to the landlord's permission. Is this even legal?
As a general rule, unless otherwise stipulated in the tenancy agreement, pets may be kept. The landlord does not need to be informed if the pets are kept to a normal extent.
Even a general ban on pets in the tenancy agreement does not change this. According to supreme court rulings, a general ban on pets is grossly disadvantageous to the tenant and invalid. The usual keeping of pets such as dogs and cats as well as other small animals (such as ornamental birds, ornamental fish, hamsters or small turtles) is therefore still permitted.
A general ban on pets is therefore null and void and must be disregarded in its entirety.
However, there are limits to keeping pets: The landlord can prohibit the keeping of pets that go beyond what is normal or that impair or disturb the apartment or other tenants. Examples include loud and recurring dog barking or heavy soiling.
However, the landlord may impose an individual ban on pets. An individual ban on pets is legally effective. An example of this is a ban on a listed dog or a certain type of animal (poisonous snake).
Tenancy agreements often make the keeping of pets dependent on the landlord's approval. Here too, the Supreme Court has ruled that this is not permissible.
Before you get a pet, you should check your tenancy agreement and house rules for a pet ban or its validity. A prior discussion with the property management or landlord can also be helpful.
If a pet ban is imposed retrospectively, its validity is questionable. However, if pets are kept excessively, e.g. soiling common areas or disturbing other tenants, the landlord can request an injunction.
