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” as a result of the modifications made 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 have domestic animals, 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 Urban Leases Law (LAU), that regulates rents. The modifications made to the legal regime for animals have not caused the Lease Law to change since The right to property continues to prevail. Neither No specific mention is made of this matter in the Animal Rights and Protection Act.
Although there is no specific reference to domestic animals in rental apartments in the Urban Leasing Law, the Point 4.2 details that “housing leases are reaffirmed by agreements, clauses and conditions determined by the will of those involved.”
Also in article 27 it is stated: “Failure by any of the parties to comply with the obligations resulting from the contract will give the right to the party that has fulfilled its obligations to demand compliance with the obligation or to promote the resolution of the contract in accordance with the provisions.” in article 1,124 of the Civil Code.”
This means that the possibility of having animals in a rented house or not depends on the agreement reached between the owner and the tenant. And it is still legal for a landlord to prohibit a tenant from having pets in a rented home, despite them being considered family members.
What the rental contract says
Fear of damage to furniture or inconvenience to neighbors are some of the reasons why homeowners prohibit having pets. But it must be taken into account that specifying this issue in an advertisement is insufficient.
It is essential that the prohibition appears in the rental contract so that, in reality, the tenant cannot have pets at home. A clause of this type must be established in the contract: “The tenant is expressly prohibited from having any type of domestic animal in the rented apartment. Failure to comply with this obligation will be considered sufficient cause for the termination of the rental contract, in accordance with the provisions of article 27.1 of the current LAU.
If you have pets, it is essential to ask your landlord if they allow you to live with them in their house. Another option is to suggest to the owner to include in the contract another clause in which you take responsibility for any possible damage that the animals may cause to the home and also the possibility of hiring a cleaning company that will leave the apartment as you found it. arrive.
In any case, it is not a good idea to hide the fact that you live with animals from your landlord, especially if the prohibition is expressly included in your rental contract.
According to the latest recorded data, 43% of Spanish households have a pet, of which 36% are dogs or cats. When renting, on the other hand, only 10.5% of rental contracts allow 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 they can adapt to living in a home. For example, it is unreasonable that a large dog could not live in a tiny apartment. On the other hand, you can have pets that do not violate any law, 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 or certain species of rodents. The sanctions range from 500 euros if the offense is minor, up to 200,000 euros in serious cases.
Other issues that may be prohibited in some clauses of the lease contract may be smoking, subletting the home, doing work without permission or generating annoying noise for the community.
With regard to the community of neighbors, the Horizontal Property Law (LPH) states that “in no case can either the community of owners or the rest of the neighbors prohibit the presence of animals in the rented apartments of the building.” . This does not mean that in the event of conflicts it is not necessary to comply with basic hygiene rules or try to prevent a dog from barking so much or a cat from scratching common areas.
Assistance dogs
People with disabilities in Spain do have the right to live with an assistance dog in their rented home, even if the contract specifically prohibits having pets. The Law on Equal Opportunities, Non-Discrimination and Universal Accessibility for People with Disabilities protects this.
Service dogs are not considered companion animals. Therefore, if a tenant can demonstrate that they have a disability equal to or greater than 33%, and that they need the help of a service dog to carry out daily activities, the landlord must accept them in their home. Additionally, the law states that a landlord cannot reject a tenant because of his or her disability.
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