Continuing with our real estate articles, let’s talk about the new pet law. Well, it doesn’t say anything about keeping animals in rented apartments; the prohibition is 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 might think that pets are part of the family and, therefore, can live in rented housing without any issues.
However, we need to turn to the Urban Leasing Law (LAU), which, if nothing prohibits it, provides that: “Contracts will be governed by the agreements, clauses, and conditions determined by the will of the parties.”
As a result of the amendment of Law 17/2021, the Civil Code, the Civil Procedure Law (LEC), and the Horizontal Property Law (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 any prohibitions in this regard, the tenant can have pets in the apartment.
Before you are left with doubts, contact our professional team: https://en.somniumlegal.com/#contacto
