Thursday, March 28

DOMESTIC ANIMALS | Rent with pets: can your landlord prevent you from living with your dog or cat in a rental apartment?


The answer to this question is not simple, since it is a legal interpretation. The implications of this reform in pet rentals has become a hot topic on Twitter and many claim that by becoming members of the family, landlords cannot ban cats and dogs from rented flats. A TikTok video published by a lawyer, Xavi Abat, has contributed to this controversy, in which he explains that this new legal reform prevents landlords prohibit the access of pets to rented homes.

The question of pets and rent It is not without controversy and this is due to the fact that the legal interpretation is diffuse. The Urban Leasing Law (LAU) does not specify anything regarding the pets. Specifically, point 4.2 states that “housing leases will be governed by the covenants, clauses and conditions determined by the will of those involved.” This means that in the rents the agreements contracted between the landlord and the tenant will prevail, among which it is possible and usually includes the prohibition of introducing domestic animals into the home.

In summary, if the rental agreement does not say anything, the dogs and cats will be able to live in the rented apartment. In addition, the law also provides that the landlord can terminate a contract if the tenant performs “annoying, unhealthy, harmful or dangerous” activities. Obviously living with an animal does not have that consideration as such, but in the case of the above situations, the owner can invoke said article, to terminate the contract.

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This lack of specificity about the pet rentals light the wick of rumors and controversies. The legal reform in force since January 5 does not refer to the situation of animals within the rental contracts. The confusion generated arises from the draft of the Law for the Protection and Rights of Animals, which includes a series of prohibitions Y obligations for pet owners and domestic animals and that in its article 33, it states that “the owners or persons responsible for the companion animals, must abide by the following obligations: keep them integrated into the family nucleus”. That is, in the home.

However, this is a very free interpretation of the future law. Since cats and dogs are part of the “family unit” and this is indivisible when accessing a home, no clause could prevent them from entering. But this is still a mere draft that must be approved before by Congress and the Senate and that does not clarify the extent to which a landlord can refuse to allow pets into their rented home.




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