Immovable. Can a landlord prohibit his tenant from having a pet?

An owner can prohibit pets in furnished tourist accommodation, in accordance with the law of March 22, 2012 relating to the simplification of the law.

On the other hand, he is not entitled to do so as soon as he rents a property, empty or furnished, in a traditional way. That is to say according to the common law regime for residential leases.

The only exception to the rule: he can refuse the presence of a so-called “first category” attack dog. These dogs are comparable by their morphological characteristics to the staffordshire terrier and american staffordshire terrier (commonly called pitbulls), mastiff (known as boerbulls) and tosa.

Co-ownership rules

Nor can a co-ownership prohibit one of its occupants from owning a pet.

“This detention is specified in the fact that said animal does not cause any damage to the building, nor any disturbance of enjoyment to the occupants of this one”, as stipulated by the law of July 9, 1970 relating to the relations between landlords and tenants.

In this context, nothing prohibits the co-ownership from adding measures in its regulations, which can for example oblige the owners of dogs to keep them on a leash in the stairwell and other common areas, or even prohibit them access to lawns.

What happens in the event of damage to the premises?

The master is considered responsible for any damage that his dog could do to his accommodation or within the condominium. Ditto for a cat or any other animal. It is therefore up to him to cover their repairs, whether he is the owner or the tenant.

As a reminder, a tenant has an obligation to maintain his accommodation and keep it healthy for the duration of his lease.

In addition, he must ensure that his animal does not cause “abnormal neighborhood disturbances”. Among them, barking during his absence or untimely droppings.

In the event of a complaint from the co-ownership or neighbours, the courts can go so far as to order the confiscation of the animal.

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