Three tenants who want to rent a flat with their pet and do not know how to do it. Here we respond to them and to you, that surely you also have doubts.
Jani Zius wants to know if the landlord could find out that his pet lives in the apartment for rent and if they could throw him for it. SRE and Nymph0320 have the same dilemma: how do you make a pet insurance on a rental flat? And as they are many tenants with pets that fill the Community with their doubts, here we solve them.
dog at http://blog.enalquiler.com/wp-admin/admin.php?page=sedlex.phppiso for rent
Can you have a pet?
Yes, of course you can have a pet in a flat for rent, but you have to negotiate with the landlord. There are three possible cases:
A.- Rental contract with clause that allows pets
The clause must specify the type of pets allowed in the apartment for rent and if there is a specific insurance hired by the tenant to be responsible for any damage that may cause the pet in the house.
It is very convenient that the wording of the clause be made by a professional. And for you to see what matters how this clause is written, here is a real case that arrived at the Provincial Court of Gijón (06/09/2006). On this occasion, the tenant had had a mastiff dog on the floor for more than ten years and the contract prohibited "raising domestic animals" on the floor. The landlord used this argument to ask the judge to evict the tenant.
But the Hearing dismissed the petition since what was prohibited was the "breeding" of domestic animals, but it was not forbidden to have them. And, in addition, it is not comparable to the inconvenience that can be for the neighbors or the damage that can cause on the floor the raising of domestic animals vs having a pet. Also, the mastiff dog in the case had not caused any discomfort or broken anything on the floor.
B.- Rental contract with clause prohibiting pets
The clause must expressly and strictly prohibit the possession of pets in the rented dwelling and add that if this rule is not complied with, the landlord can ask the tenant to leave the dwelling and terminate the rent.
C.- Rental contract without clause on pets
Based on the fact that what is not forbidden is allowed, the tenant can have his pet rented in his home because the landlord has not forbidden it in his rental contract.
However, if you have a pet it is best to talk to your landlord before renting the apartment and include a clause allowing the coexistence with the pet. Why? because it is better to do things well and because, even if your contract does not prohibit you from having pets, if your pet 'bothers' other neighbors and they complain, the landlord can terminate your rental contract based on article 27.2.e of the Law of Urban Leases (LAU): "In addition, the landlord can terminate the contract as of right for the following reasons: ... When the house takes place annoying, unhealthy, harmful, dangerous or illicit activities. ... "
Of course, just because you have a pet at home, the landlord can not apply that LAU article, as the Provincial Court of Madrid says ((SAP Madrid 4/03/2002): "The simple fact that the referred two Dogs living in the leased dwelling can not be considered as a notoriously immoral, or dangerous, or uncomfortable or unhealthy activity, so the resolutory cause of the lease agreement is not to be appreciated, as does the appealed judgment. "
In order for this article to be applicable, it is necessary that the circumstances specified in it be given. As described by the Provincial Court of Murcia in this case (SAP Murcia 2/01/2003): "It is therefore that after having required the adoption of police and judicial measures for the cessation of such situation the defendant continues without correcting it, and more than a year later the discomfort caused by the animals is still evident, which translates into persistent as well as unpleasant barking, into strong odors of excrement and in the notorious absence of the minimum conditions of healthiness and hygiene that determines the presence of parasites in adjacent areas (...) in accordance with the provisions of art. 27 no. 2 section e) of the Urban Leasing Law according to which "the lessor may terminate the contract by right for the following reasons: e) When annoying, unhealthy, harmful, dangerous or illicit activities take place in the home", it is estimated concurrent this cause of resolution in the case and consequently, the plaintiff's claim on this matter is accepted. "
It may also be the case of a Community of Owners that prohibits in their statutes the possession or possession of domestic animals. In that landlord, the landlord must faithfully communicate this statutory prohibition to the tenant and the tenant must comply with it.