August 21, 2025, 1:07 pm | Read time: 5 minutes

General Cat Ban Not Permissible

For small animals like hamsters, guinea pigs, or fish, their keeping is considered part of the contractual use of the apartment and cannot be prohibited. This is confirmed by a ruling of the Federal Court of Justice (BGH 2007 – Az. VIII ZR 340/06). With cats, the situation is a bit more complicated, as they are often considered small animals, but not always. However, the BGH also clarified that a general prohibition on keeping dogs and cats is not permissible (BGH 2013, Az. VIII ZR 168/12).

In individual cases, this can be assessed differently. The specific lease agreement plays a central role. If it allows general small animal keeping, this usually includes cats–unless special clauses are present.

Even if there is no regulation on pet keeping in the contract, tenants are generally allowed to keep a cat. However, if the contract explicitly includes special notes on cat keeping or an appendix stating that a cat must be registered, landlord approval may be required.

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Reasons Why the Landlord May Prohibit a Cat

The landlord can stipulate in the lease that cat keeping is only possible after consultation. Ultimately, the landlord’s word prevails, as both parties must adhere to the agreements made in the lease. If the landlord is generally against pet keeping in their property, they must still demonstrate through a case-by-case assessment that the disruptive factors outweigh the benefits. Even then, the legality of the ban is not clear-cut.

Generally, the size and location of the apartment and the pet’s behavior play a role in a potential cat-keeping ban in a rental apartment. There are also other possible reasons. ¹

Neighbors and Residents

Whether the neighbors or residents of a multi-family house are cat lovers or not initially doesn’t matter in the pet question. The decision is based solely on factual and verifiable reasons that speak against cat keeping within the rental property. If, for example, one of the residents has a severe cat allergy, the landlord may prohibit keeping a cat in this specific case.

Too Many Animals in the Household

The welfare of the animal is one of the crucial points when it comes to whether the landlord can prohibit a cat. In principle, keeping is more likely to be allowed if it involves only one or two animals. However, if there are already too many cats in the apartment, the landlord may oppose another animal, even though there is no official regulation on the maximum number of animals.

In individual cases, the decision is partly based on the size of the apartment. While one or two cats are often allowed even in smaller apartments, the court’s decision often favors the landlord when more animals are involved.

Excessive Dirt and Wear

Tenants of a property are obliged to keep their apartment clean and in good condition. Landlords naturally want to avoid additional costs due to excessive wear from pets like cats or dogs. However, the assessment of the degree of dirt and wear should not be based on personal feelings. Concrete and understandable evidence must be presented to confirm the landlord’s suspicion.

Noise Disturbance from the Cat

Although usually quiet, cats are living beings that naturally cannot exist completely silently. Here, too, the individual case decides whether keeping the pet in the apartment is permissible. If it is an animal that meows within a natural range and mostly moves quietly and calmly in the apartment, keeping the pet is permissible. However, if the cat creates a permanent and significantly increased noise level–especially at night–landlords and courts may interpret this as a disturbance and decide against keeping the pet in the apartment in favor of the neighbors. ²

Special Conditions for Outdoor Cats

Particularly with outdoor cats, conflicts can arise in the rental relationship. While cats are allowed to follow their natural urge to move, landlords and neighbors are not obliged to tolerate resulting disturbances or dirt indefinitely.

Possible Disputes Related to Outdoor Cats

• Contamination of the property or common areas: If cats regularly enter the stairwell, communal garden, or balconies of other residents, this can lead to complaints. If traces like cat feces, urine, or half-dead prey are left behind, the landlord has the right to intervene.
• Disturbance of the neighborhood: Some cats roam foreign properties, mark territories, or use sandboxes as toilets. Even if a certain degree of “co-use” is considered normal in densely populated areas, a permanent burden on neighbors can be unacceptable.
• Damage to the rental property: Scratch marks on doors, wallpaper, or flooring, as well as dirty hallways, can be a reason to restrict or prohibit cat keeping in individual cases–provided the landlord can prove these damages.

In conclusion, a general prohibition is not possible here either. Whether a ban is lawful always depends on the specific case. Courts always weigh the interests of tenants, landlords, and neighbors against each other. Those who keep their cat as an outdoor pet should ensure that it does not cause permanent disturbances or excessive dirt.