Can my landlord increase the rent if I have pets?
October 25, 2022 | 45,00 EUR | answered by Ludwig Kuhn
Dear lawyer,
I am contacting you with a question regarding tenancy law. My situation is as follows: I am a tenant in an apartment and have two pets, a dog and a cat. My landlord has informed me that he wants to increase the rent, as he claims that the pets incur additional costs.
I have always paid my rent on time and have always made sure to keep my pets in a way that they do not cause any damage to the apartment. However, I am concerned about the planned rent increase, as I am not sure if my landlord has the right to increase the rent solely because of my pets.
I would like to know if my landlord actually has the right to increase the rent just because I have pets in the apartment. Are there any legal regulations or rulings that determine whether such a rent increase is lawful? And if my landlord does have the right to do so, are there any ways for me to challenge it or limit the amount of the rent increase?
I thank you in advance for your assistance and guidance in this matter.
Sincerely,
Valentina König
Dear Mrs. King,
Thank you for your inquiry regarding rental law in relation to the planned rent increase due to your pets. It is understandable that you are concerned and seeking clarification on this matter.
In principle, a landlord cannot simply increase the rent just because a tenant keeps pets in the apartment. There are legal regulations that govern the rights and obligations of both tenants and landlords. In German rental law, it is stipulated that a landlord can only enforce a rent increase under certain conditions.
One of these conditions, for example, is the modernization of the apartment, which can lead to an improvement in the quality of living. In your case, where the rent increase is planned due to the pets, it is not a modernization, but rather the keeping of pets. There is currently no clear legal regulation on this matter.
However, there are some rulings that state that a rent increase due to pets is not necessarily legal. The key factor is whether your pets actually cause damage to the apartment or impair the quality of living. If you can prove that your pets are being kept properly and do not cause any damage, the planned rent increase may not be justified.
If your landlord still wants to enforce the rent increase, I recommend seeking professional help from a lawyer specializing in rental law. A lawyer can assess your situation, provide legal advice, and potentially take legal steps to resist the rent increase or at least limit the amount of the increase.
I hope that this information has been helpful to you. For comprehensive advice and support in your specific situation, I recommend contacting a specialized lawyer.
Best regards,
Ludwig Kuhn
