All the pets in rental apartments they are a source of debate and sometimes controversy. It is not known if they are prohibited or it is mandatory to accept them. Especially with the new pet law, which recognizes them as sentient beings and part of the family unit, the debate has increased.

The owner and his ability to ban pets

Can the owner of a flat prohibit pets in the rent? To know the answer, you have to start with the Horizontal Property Law and the Civil Code. Nothing related to this topic is expressly included in any of them. Namely, Legally there is no express prohibition nor the impossibility of doing it.

The next step is to go to the community statutes Where is the rental apartment? In them, an express prohibition can be collected that prevents the possession of animals in the community. This would be a totally legal ban. If there were no statutes, you would have to resort to the rental contract. The landlord may include a specific clause reflecting the prohibition.

As the owner, if you do not want pets in your apartment, you must reflect it clearly in the contract. Also, you have the possibility to limit, with more specific clauses, the type of animal or its weight. In the case of tenants, if there is no clause in the contract or the community, they are fully entitled to have pets.

Can they terminate the contract?

The homeowner can terminate the contract if the animals are considered a demonstrable nuisance for the community. To do this, you can rely on article 27.2 of the Urban Leasing Law on carrying out annoying, harmful or dangerous activities.

In summary, pets in rental flats de corta or long stay are accepted, as long as there is no clause indicating otherwise.