Dog ownership "by arrangement" with the landlord - with current legislation?

Dear Community,

I had 15 years a dog. This is, unfortunately, in 2012 deceased. My landlord has allowed me the attitude at the time, but as an "exception". A lease is:

"Livestock in the rented premises is not permitted without consent of the landlord. This does not apply for small animals under the contractual use."

Since the legal situation has changed in the meantime, it would be helpful to know the contract still applies to what extent.

Moreover, it could be that the acquisition of a dog for health reasons is necessary or will. What about in this respect from law?

I would like to take a dog from the neighborhood. Initially only by the hour. In this regard, the question to what extent this is legally possible.

Thanks in advance.

best regards

The best answer

You must you comply with the provisions in the lease. After the consent of the landlord to dog ownership is required. If you need a dog for health reasons, please contact the landlord to an exemption.

Since the legal situation has changed in the meantime, it would be helpful to know the contract still applies to what extent.

The legal situation has not changed by the latest BGH-decision. Here is an individual decision is merely an opinion, been passed by judges, to which must hold no other judge or court in Germany.

"Livestock in the rented premises is not permitted without consent of the landlord. This does not apply for small animals under the contractual use."

The clause in your lease is - even after the BGH decision - still effective.

The BGH judges then had to decide whether a general dog and cat ownership clause in the lease is effective or not - it was then declared invalid. However, it was pointed out by the Supreme Court judges and that the judgment is not a carte blanche for tenants and actually the owner should always give its consent before purchasing a dog or cat.

Regarding a visit or care dog basically holds true that the landlord must give the consent.

http://anwalt-im-netz.de/mietrecht/tierhaltung.html

A visiting dog must endure the landlord.

A purchase of a new, own dog is, however, still subject to authorization.

A landlord can shoot with the authorization for a tenant an own goal, because he another tenant can not deny it, to keep a dog. Although he can still have a say about the race, but it was already. Keyword principle of equal treatment.

If a dog is for health reasons necessary, eg guide dog, then the landlord can not deny the purchase.

The current legislation says exactly what is on your lease. For dogs and cats, the consent of the landlord must be obtained. The approval for your deceased dog is not, so you have to ask for permission again. A ban he may have to give plausible reasons.

There is only one dog which can be purchased for health reasons and the landlord can ablehen for no reason. This is the guide dog.

A Pflegehund requires approval. What does "the hour"? If you are the Fiffi evening to sleep again bring to the neighbor and he otherwise staying with you, which can eventually lead to problems with the landlord.

even after the Supreme Court judgment the landlord must be asked before fetches a dog and the consent must be done.

only pausachl dog attitude is no longer forbidden

Date: 2018-10-15 Views: 1

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