At the end of 2021, animals were no longer considered “real estate or things” to become “sentient beings” and considered “members of the family unit” due to the amendments to the Civil Code, the mortgage law and the civil procedure law. However, The owner of a property can refuse to rent his house to those who own pets, which are mainly dogs, cats, ferrets and certain species of fish and birds.
This situation responds to the fact that these legislative changes They do not affect the law on urban leases (LAU), which regulates rents. Changes to the legal regime for animals have not led to a change in tenancy law since The right to property continues to prevail. Neither No specific mention is made about this in the Animal Rights and Protection Act.
Although there is no specific reference to pets in rental apartments in the Urban Tenancy Act, the Point 4.2 specifies that “residential leases are reaffirmed by agreements, clauses and conditions determined by the wishes of the interested parties”.
Also in Article 27 it is stated: “Failure by one of the parties to fulfill the obligations arising from the contract will give the right to the party who has fulfilled its obligations to demand compliance with the obligation or to promote termination of the contract. in accordance with the provisions of article 1.124 of the Civil Code.
This means that the possibility of having or not animals in a rented house depends on the agreement reached between the owner and the tenant. And it is always legal for a landlord to prohibit a tenant from having pets in a rented property, even if they are considered family members.
What the rental contract says
Fear of damage to furniture or inconvenience to neighbors are some of the reasons why owners forbid having pets. But we must keep in mind that it is not enough to specify this problem in an advertisement.
It is essential that the ban is included in the rental contract so that, in reality, the tenant cannot have animals in his home. A clause of this type must be established in the contract: “The tenant is expressly prohibited from keeping any type of domestic animal in the rented apartment. Failure to comply with this obligation will be considered sufficient grounds for termination of the rental contract, in accordance with the provisions of article 27.1 of the LAU in force.
If you have pets, it is essential to ask your landlord if they allow you to live with them in their home. Another option is to suggest to the owner to include in the contract another clause in which you assume responsibility for any possible damage that the animals may cause to the house and also the possibility of hiring a cleaning company that will leave the apartment as you found it. . arrive.
In any case, it’s not a good idea to hide the fact that you live with animals from your landlord, especially if the ban is expressly written into your rental contract.
According to the latest recorded data, 43% of Spanish households have a pet, of which 36% are dogs or cats. On the other hand, in rentals, only 10.5% of rental contracts authorize the presence of pets.
What animals can be kept in a rental house?
The characteristics of each animal – size and habitat, among others – must be assessed to know if it can adapt to life in a home. For example, it is unreasonable that a large dog cannot live in a small apartment. On the other hand, you can have pets that do not violate any laws, as is the case with protected species.
The new animal welfare law also includes a list of animals that cannot be kept at home because they are considered dangerous to humans or the ecosystem. Among these prohibited animals are species of birds not native to Spain, spiders, exotic reptiles, raccoons and even certain species of rodents. Sanctions range from 500 euros if the offense is minor, up to 200,000 euros in serious cases.
Other things that may be prohibited in certain clauses of the rental agreement may be smoking, subletting the house, working without permission or generating noise that is disturbing to the community.
Concerning the community of neighbors, the Horizontal Property Law (LPH) specifies that “under no circumstances can either the community of owners nor the rest of the neighbors prohibit the presence of animals in the rented apartments of the building”. This does not mean that when conflicts arise it is not necessary to follow basic hygiene rules or try to stop a dog from barking so much or a cat from scratching in common areas.
Assistance dogs
In Spain, people with disabilities have the right to live with a service dog in their rented accommodation, even if the contract specifically prohibits having pets. The Equal Opportunity, Non-Discrimination and Universal Accessibility for Persons with Disabilities Act protects this.
Assistance dogs are not considered pets. Thus, if a tenant can demonstrate that he has a disability equal to or greater than 33% and that he needs the help of a service dog to carry out his daily activities, the owner must accept this in his accommodation. Additionally, the law states that a landlord cannot refuse a tenant based on their disability.
