My landlord forbids me from keeping a pet: is it allowed?
Dogs, cats, NAC, many tenants wonder when they want to move out and find a clause in their lease that prohibits keeping a pet. What if you want to adopt a four-legged friend? Does your landlord have the right to ban you from sharing your life with a pet? In what specific case can one refuse to own one of these adorable little balls, hair or hairless?
Law in favor of tenant and his animals
Legally, there is no clause preventing you from owning a cat, dog or NAC if it is your main residence. Provisions of the lease agreement prohibiting the keeping of animals are considered invalid if the animal is registered in the list of pets: decision dated August 11, 2006 regarding Article 10 of the Law dated July 9, 1970 (n.oh70-598).
In this list, mammals, birds, amphibians, fish, and insects represent all the pets that an individual may own, whether they are owners or renters. A landlord cannot prohibit you from moving in with dogs, cats, ferrets, gerbils or rats, parakeets or amphibians such as anurans or urodeles.
If the law is flexible enough, the owner of one or more animals must ensure that they do not disturb the neighborhood, or the landlord can proceed to evict the tenant and his livestock under the auspices of the termination court.
Under what circumstances can a landlord prohibit a tenant from owning a pet?
However, a few exceptions allow an owner to refuse an animal if it is deemed to be a dangerous, protected species or simply not on the pet list.
Dogs of category 1 and 2
The landlord has the right to prohibit you from having a category one dog. These attack dogs, such as the Staffordshire Terrier, American Staffordshire Terrier or Pitbull, Mastiff or Boerbull, as well as non-LOF or purebred Tosa, are the only canids your owner can prohibit. Once LOF is recognized, dogs move into the second category. Their master can then rent an apartment without banning themselves, because they are classified as guard and protection dogs. A landlord has the right to refuse to rent to you if you do not have a certificate of suitability for detention.
New dangerous pets
A NAC property may include a special clause in your lease agreement. Indeed, if a rabbit or a ferret is included in the official list of pets, snakes, arachnids or insects can pose a danger to all tenants, as can a dog of the first category. A landlord has no choice but to prohibit the keeping of animals deemed dangerous to protect their tenants. Moreover, in order to respect both the neighborhood and your little guardian, it is preferable to adopt a guinea pig rather than an apartment pig, even if the latter is not said to be a pet.
Your landlord reserves the right to include a clause prohibiting the keeping of unfamiliar animals such as snakes, spiders, wild or protected species. Obviously, you have no right to keep a monkey, a fox, a hedgehog, a lion, an elephant, a black widow in captivity. Therefore, another decree defines the list of animals that are called non-domestic animals and defines the obligations related to their keeping.
Special case of seasonal rental
While it is illegal to prohibit a furry, feathered or feathered companion when renting out your accommodation as your primary residence, the law allows the owner of a furnished tourist accommodation to include a clause prohibiting it. If you want your pet to have a decent holiday with you, it’s best to be sure before you put down a deposit.
Pets: when can the owner break the lease?
Certain conditions do, however, allow landlords to give notice to a tenant who owns a pet if the reason is real and serious. However, no one can evict a landlord for having a pet unless you have a category 1 dog unless the contract clearly states the ban. Justifiable grounds for eviction include unpaid rent and neighborhood disturbances caused by our little patrons.
If the noise or odor concerns are persistent and recurring, he may choose to use the lease termination clause or statutory termination.
Allows automatic recording of lease termination. However, the process involves the observation by a bailiff who will then bring the neighborhood disturbance regarding your animal to the competent court. A neighbor or tenant who is worried about the incessant barking of your dog, or the racket of your animal at night, can also file a complaint with the competent court. If you have not stopped the disturbance despite the landlord’s formal demands, this will lead to your eviction.
Judicial termination of lease
This termination can be requested from a judge at any time by the lessor if the lessee fails to fulfill his obligations. The decision is up to the judge. According to the law, the lease will be terminated if the magistrate finds disturbances that are contrary to the obligation of peaceful use of the building as stated in Article 7 b of Law No. 89. For example, if you have a category 1 dog, the owner of a private or collective accommodation has the right to cancel your contract.
What are your responsibilities as a pet owner when you rent?
As a pet owner, we have many responsibilities regarding their welfare. We must also respect the well-being of the community with whom we share common living spaces. Regardless of the animal, you are required to:
- Take care of him and do not let him wander;
- Cleaning or removal of feces;
- Make sure that the latter does not disturb the neighborhood and does not cause any inconvenience or inconvenience to the tenant.
Living in compliance also means accepting that your Category II dog is kept on a leash and muzzled in the common areas of the building as stipulated in the tenancy agreement by your landlord. Likewise, keeping your ferret or rabbit caged helps keep it healthy and prevents unpleasant odors that the neighborhood will criticize you for.
Finally, if you want to keep mice or any other animals, you must inform the landlord.
What to remember
- Except in the context of a vacation rental, the owner may not enforce a pet ban on the rental.
- However, it may add specific clauses for an attack dog or dangerous NAC, a protected species.
- If your pet is not on the pet list, they may refuse to sign the lease.
- A landlord has the right to ask you to leave the tenancy if you adopt an attack dog after you move out.
- Similarly, if your Category 2 dog roams freely in the corridors or open common areas of your accommodation, the landlord has the right to cancel your tenancy. This is considered a violation of the obligation of peaceful use of the building.
- If the law does not specify the number of animals you can have, their number must not cause an abnormal disturbance in the neighborhood.