- Pets: the rights of the tenant
- Pets: the rights of the landlord
- An amicable compromise between lessor / tenant for pets
- An exception for first-class dogs
Owners often do not like the arrival of one or more animals in their rented apartment. The arguments are often the same: fear of nuisance and degradation. So, can my owner refuse pets? This is what the law says...
Can my owner refuse pets?
Pets: the rights of the tenant
To answer the question "Can my owner refuse pets", we must turn to French law which is very clear on the subject: a tenant has the right to keep a pet. The text that refers is the 70-598 of July 9, 1970, section 10, which does not allow the owner to include a clause prohibiting a pet in the lease, unless the animal breeds material damage and nuisance with other occupants.
The tenant therefore has every interest in adopting a civil behavior, preventing his pet from harming the co-ownership.
The only restriction that the landlord may apply is in the case of seasonal rentals or in a furnished with tourism.
Pets: the rights of the landlord
Although the law is with the tenant, it is recalled that, when the tenant leaves, part or all of the deposit may be retained in case of degradation of the apartment (following the inventory). So any tenant must pay special attention to his pet so that the "mascot adored" does not destroy the rented property.
If the animal breeds nuisance in the condominium, the landlord can ask the tenant to part with his animal or move. Beyond the consent or not of the owner, it is also possible to find this prohibition in the regulation of co-ownership.
An amicable compromise between lessor / tenant for pets
Even if a landlord can not refuse pets to his tenant, it is still more reasonable to agree on their presence. Indeed, if the animal causes recurring problems and too damaging to the co-ownership (barking, droppings, aggression...), the owner can turn against his tenant, initiate a legal remedy and terminate the lease by availing himself the clause of non-compliance with the peaceful use of rented premises.
An exception for first-class dogs
Since January 6, 1999, a law has been promulgated allowing the lessors, for leases signed as of that date, to prohibit certain breeds of dogs, and more specifically the dogs belonging to the first category mentioned in Article L. 211-12 of the Rural Code and Maritime Fisheries. These attack dogs (Staffordshire Terrier, Boerbulls, Tosa), by their dangerousness, are subject to special restrictions (compulsory leash and muzzle, detention permit, sterilization...).
Second category dogs (guard and defense dogs) like the Rottweilers, Pitbulls (Staffordshire terrier), Boerbulls (Mastiff) and Tosa dogs, must be kept on a leash with a muzzle because they are animals that have certain morphological characteristics that make them potentially dangerous.