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Pets in rental houses ... what is the law saying ?

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Pets in a rental house: everything for the owner and tenant to consider   

It is important for all parties, lessee and landlord, to know the answer to the following question: can owners prohibit pets in a rental apartment?

Agreement between the parties and community statutes

Obviously, the first step to know in which standard we can find provisions related to it. On the one hand, we find that neither the Horizontal Property Law nor the Civil Code nor the Penal Code expressly prohibit the possession of pets in a rented dwelling.

On the other hand, you can go to the Urban Leasing Law (LAU). In this rule, article 4.2, states that "housing leases will be governed by the covenants, clauses and conditions determined by the will of those involved." The consequence of this provision is that, although this matter is not dealt with directly, it does make it clear that it will be governed by the agreement between both parties, so that clauses that expressly prohibit it can be included in the contract. .kewise, in those cases where it is not prohibited, based on this rule it is possible to establish clauses aimed at regulating the possession of the pet, for example, limiting the type of animals or allowing the owner to visit the home to make sure that no damage has occurred and the agreement has been fulfilled.

On the other hand, if the contract does not contain an express prohibition, the tenant will have no legal impediment to be able to live in the home with pets.

There is another document that can influence the possession of pets. Community Owners Bylaws may prohibit residents in the building from owning any type of pet. Therefore, when in doubt, it is convenient for the tenant to get adequate information, to avoid unpleasant surprises once they have settled.

Terminate the contract

If we are faced with a case in which, despite the prohibition, the tenant has brought a pet into the house, he will be breaking the contract. In this way, and while all contracts, as well as their clauses, are binding on the owner and tenant, if one of the parties breaches it, the other has the right to terminate the contract.

Therefore, if the tenant has animals on the property, despite an express prohibition, the owner can request the abandonment of the property, according to article 27.1 of the LAU.

What if they bother?

Sometimes it may happen that, although allowed in the lease, the animals can cause nuisance in the community. When this occurs, in some cases the lessor has the legal power to terminate the contract.

These annoyances are those that comply with the provisions of article 27.2 of the LAU, which states that "the lessor may terminate the contract as a matter of law" for the "the carrying out of damage caused intentionally on the property or of works not consented to by the lessor when the consent of the latter is necessary ”or because annoying, unhealthy, harmful, dangerous activities are carried out.

In summary, if the landlord does not want animals on his property, it is important that the prohibition is clearly stated in the clause of the contract.

On the other hand, if the landlord wants to rent with pets, he must ensure that there is no clause that prevents it and, in addition, take the necessary measures to avoid that the landlord can terminate the contract for causing inconvenience.