Am I allowed to keep pets in my apartment as a tenant, even though it is prohibited in the rental agreement?
July 16, 2024 | 50,00 EUR | answered by Gerda Dietrich
Dear lawyer,
I am contacting you with a question regarding my tenancy agreement. My name is Jan Busse and I am a tenant of an apartment in a multi-family house. It is explicitly stated in my lease agreement that keeping pets in the apartment is not allowed.
However, I have been wanting to get a dog for a long time, as I firmly believe that having a pet would enrich my life and bring me joy. I am unsure whether I, as a tenant, have the right to violate the pet ban specified in the lease agreement.
Currently, I am in a dilemma as I want to abide by the terms of the contract on one hand, but also do not want to miss out on the companionship of a pet on the other. Therefore, I would like to know from you whether it is legally possible to keep pets in my apartment, even though it is explicitly prohibited in the lease agreement. Are there any exceptions or legal ways to bypass this ban?
I would be very grateful if you could assist me in this matter and provide me with possible solutions. I look forward to your expert advice and thank you in advance for your support.
Sincerely,
Jan Busse
Dear Mr. Busse,
Thank you for your inquiry regarding your tenancy and your desire to keep a pet in your apartment, even though this is expressly prohibited in the lease agreement. This situation can indeed lead to a legal dilemma, as the regulations agreed upon in a lease agreement are generally binding.
In your case, it is important to note that the prohibition of keeping pets in the lease agreement is a contractual agreement between you as the tenant and the landlord. If you violate this contractual agreement, it could lead to legal consequences, such as a warning or even immediate termination of the tenancy by the landlord.
However, there are certain exceptions or ways to work around this prohibition. Firstly, you could try to negotiate a change to the lease agreement with your landlord, explicitly allowing pet ownership. This would require your landlord's willingness and agreement to such a change.
Another possibility would be to invoke the right to personal development according to Article 2 paragraph 1 of the Basic Law. This fundamental right could potentially render the pet prohibition in the lease agreement invalid, if pet ownership is of particular importance to you in enriching your life and improving your quality of life. However, in such a case, it would have to be examined on a case-by-case basis whether the restriction of the pet prohibition is justified.
It is advisable to first communicate with your landlord in this matter and discuss possible solutions. If no agreement can be reached, it would be recommended to seek legal advice from a specialist lawyer in tenancy law to carefully examine your rights and options in this situation.
I hope that this information can be of assistance to you and I am available for further questions. Good luck in resolving this matter and all the best for the future.
Sincerely,
Gerda Dietrich, Lawyer
