Monday, June 27

Rentals and legal reforms – Information

The approval of law 17/2021 of December 15 on the recognition of the rights of animals as living beings endowed with sensitivity has led to a significant improvement in the treatment and protection of animals that live in the company of human beings, by Raise them a deserved treatment that before had been denied and unknown the sensitivity that animals that are in the care of human beings have today. And in many of these cases it is the other way around, that is, they are cared for by those in homes where many dogs, above all, accompany people whose lives have been changed by the excellent and lofty affection that a dog gives you, and that not many people give you, not even from your environment.

It has been a success, then, that animals have been recognized their position in our society and that their treatment is increased, as living beings endowed with sensitivity, which on many occasions they have been rejected and they have not been taken into account. account in processes of marital or couple breakdowns, as well as when the person who had the animal with him dies and what to do with it to deliver it to the heirs. We must remember in this last point that experience shows us that to the same extent that we suffer when an animal that has been in our company dies, animals also suffer – equal or more than us – when they are aware of the death of the person with the one they lived.

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With this, the basic premise of the success of this Law must be established and that the animals have been recognized a greater plus than they had, with which we have taken a qualitative leap in the protection of animals and raise the treatment we have towards they with that sensitivity that they have, and much greater, than a human being. Especially in some companion animals, such as dogs, in which the devotion and affection they have for the human beings with whom they live is admirable.

This comes up, however, because the debate has arisen as to whether as a result of this Law the criterion in the rental regime should be modified about not being prohibited by a landlord that a tenant can bring animals to the property that intends to lease, and the answer is negative, since the lease that the parties sign is subject to the agreements, clauses and conditions that the parties want to establish, and if it is agreed in the contract that animals cannot enter, it is evident that it is a clause that the landlord may require at the time of signing the contract and that is not void, since it is not contrary to the law, morality or public order. If the lessee does not accept it, he may rent a property where the landlord does allow it, but this law in no way includes a reform of the leasing law that determines the impossibility of the landlord to put these clauses in the contracts, since, in addition, The State cannot interfere in contractual relationships and with clauses determined by one of the parties referred to assigning the right of possession to another provided that certain conditions are met. It is as if it was agreed that no more than five people can enter the apartment, given its size.

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For this reason, this Law does not include anything about whether clauses or conditions limiting the right of people to sign the lease by introducing animals into the property can be introduced in housing lease contracts, and, therefore, their fixation in a contract, since if the legislator had wanted to regulate it, it should have done so, as it has happened when recognizing that animals are part of the measures to be adopted in cases of rupture or in matters of inheritance.

For this reason, if the legal norm does not establish absolutely anything in this regard, this implies a legal gap that does not allow these clauses in the leases to be interpreted as void, as there has not been a modification of the urban leasing law within the law 17/2021 in the sense of introducing some precept that clarifies this issue in the housing lease regime. If the property belongs to a person, then, he can set his conditions for renting it, and although, surely there will be many pets that are more respectful of the property and neighbors than some tenants, the truth is that the approved law does not give basis for interpreting the nullity of these clauses, but it is appreciated that issues have been regulated in favor of animals so far nonexistent.

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