The law does not prohibit the possession of pets in a rented apartment. Let us suppose that no law provides for something similar, neither in the horizontal law of property, nor in the civil or penal code. Neither does City Leases (LAU), but it remains open, allowing both parties to decide or negotiate freely. In particular, section 4.2 of the UAA states that „residential leases are governed by such agreements, clauses and conditions as determined by the will of the parties.” The rumor. It`s circulating like wildfire on Twitter right now, either in the form of a question („How is it legal for them not to be allowed into a rented apartment?”) or a claim („The Animal Welfare Act repeals the prohibited animals clause in rental agreements”). Adding to the confusion is a viralized TikTok in which a lawyer, Xavi Abat, explains that the new reform prevents landlords from banning pets from entering their rental homes. There is noise. This implies, by the rule, that the prohibition or non-introduction of pets in a rented apartment depends on the agreement between the owner and the tenant. Several posts are circulating on social media that ensure that owners can no longer ban pets from entering their rented apartments due to the amendment to the Animal Protection Ordinance that came into force last December.
Although for most owners, their pets were already part of the family, pets are now legally part of the family nucleus; Dogs and cats must also have a pet passport to prevent them from being abandoned. On the other hand, if there is no explicit prohibition in the contract, it is perfectly legal to have pets. „That is, the tenant responds to the damage caused ±by the animal,” said Eduardo Fernández-FÁGARES, a lawyer specializing in evictions and head of lawyers for all, ±. This lawyer says that there are many times that the owner of the ± told him after an eviction that „the dog or cat bit the door frames and the legs of the chairs, the sofa full of hair”. Is it legal to prohibit pets in a rented apartment? If the owner does not want to have pets in his house, he must indicate this in the contract. The standard that regulates apartment rentals is the law of urban leases and says nothing about the ownership of ± pets or pets. Article 4 of the Law stipulates that contracts are subject to the agreements, clauses and conditions established by the will of the parties. For this reason, it is imperative that the contract contains the express prohibition of the possession of animals, explains Galisteo.
If the treaty talks about animals in general©, everything is forbidden. And if dogs are not allowed, but cats or hamsters, this should be reflected on paper. In case the tenant lies and puts a pet without permission, it can be evicted. If the contract does not stipulate the prohibition of not having pets, the law allows you to live with animals on the ground. By not explicitly prohibiting the landlord, the tenant is free to do what he sees fit. There are owners who say no to pets for fear that they will no longer cause damage to the house. Therefore, in the advertisements of their properties, they clearly state that pets are not allowed. The reform of the legal regulation of animals provided for by Law 17/2021, of 15. December amends the Civil Code, the Code of Civil Procedure and the Mortgage Act, but does not amend the city`s Tenancies Act and therefore says nothing about the situation of pets in the household. There are more and more houses with pets.
Or pets with a house. In fact, there are more ± animals in ± Spain than children under 14±±± years old. In 2021, 29 million pets were surpassed, according to the National Association of ± Pet Food Manufacturers (Anfaac). Of these, 9.3 million were dogs, 5.8 million cats and the rest were fish, birds, reptiles and small mammals such as rabbits± or ferrets. In the same year± there were a total of 9.2 million children under the age of 14 ±, according to INE. Despite this overwhelming reality, there are too many areas where a pet is a complication. But can landlords prohibit pet ownership in their rented home? The reality is that the law as such does not prohibit the possession of pets in a rented apartment. In fact, it is not contained in any law: neither in the horizontal law on property, nor in the civil or penal code. The draft law on the protection and rights of animals, which has not yet been approved by the Council of Ministers, also makes no reference to the ban on pet rental.