The rental contract for housing is generally the main document to which reference is made when a question is asked about one’s rights and obligations as a tenant of a dwelling. An argument that is not valid in the case of pets, which an owner cannot prohibit you from owning, even if a clause specifies it in the lease. Please note, however: this tenant’s right to own a pet at home is only valid for a main residence (furnished or empty accommodation). If the accommodation is furnished accommodation, the owner is free to set his conditions as he sees fit.
The case of dogs and cats, and other classic pets
Are you a tenant of your main residence and do you have a pet? Note that you do not have to ask permission from the owner of the accommodation, who has no right to prohibit you from having a pet as long as it’s a dog, cat, hamster, rabbit…
However, there are limits of good manners to respect. So, just like you have the right to sunbathe naked on your balcony, it all depends on the situation and the impact on the neighborhood. Indeed, if the presence of your pet gives off embarrassing odors, produces an untimely noise, causes damage or other inconveniences, you will be held responsible, and the owner of the accommodation, through the intermediary of the municipality, will be able to force them to take certain measures to put an end to the nuisance, which can go as far as euthanasia of the animal.
NAC and dangerous dogs: exceptions to the right of the tenant
The craze for New Pets, or NAC, has indeed transmitted questions among tenants of housing. Just like more classic animals, they cannot be prohibited by an owner as long as they do not cause neighborhood disturbances. However, the owner has the obligation to prohibit the possession of any dangerous or protected animal, such as:
If you are renting accommodation with land and wish to bury your pet (NAC or classic under 40 kg), it is essential to obtain the owner’s authorization.
In addition, an owner remains entitled to refuse that his tenant has a pet if the latter turns out to be a dog of category 1 (attack dog) or 2 (guard and defense dog). These categories mainly include the breeds: Staffordshire terrier and American Staffordshire terrier, Mastiff, Tosa. In this case, the owner is free to include a clause in the lease prohibiting the presence of the dog in the accommodation.
(By the editorial staff of the hREF agency)