Continuing with our real estate law articles, we are going to talk about the new pet law. Well, in this law, nothing is said about having animals in rental properties; the prohibition would be regulated in the contract.
Under the old law, pets were considered “property.” As a result of the approval of Law 17/2021, they are now considered “sentient beings.”
As a result of this new regulation, many may think of pets as part of the family unit. Consequently, they can move into the rented property without any issues.
However, we need to refer to the Urban Leases Law (LAU), which, if it doesn’t prohibit anything, provides that: “Contracts will be governed by the agreements, clauses, and conditions determined by the will of the parties.”
As a result of the modification of Law 17/2021, the Civil Code, the LEC, and the LH were modified, but not the LAU. Therefore, it says nothing about the situation of pets in rented housing.
Consequently, we must pay attention to what the parties have established in the lease agreement. In fact, it is perfectly legal to establish a prohibition or permission regarding pets.
Finally, if the contract does not establish prohibitions in this regard, the tenant can have pets in the property.
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