Can a landlord ban pets in a rental? Owner and animals: can they legally refuse?

Is it possible to include a ban on pets in a lease? This question directly concerns the presence of a domestic animal in a residential lease, a subject governed by French legislation. While the question seems simple, the legal answer is much more subtle. Indeed, the prohibition of pets in a residential lease is a central legal point, as the law strictly regulates this type of ban.

The law of July 9, 1970, specifically Article 10, prohibits any general clause banning the keeping of a domestic animal in a primary residential lease. According to the law, the owner cannot prohibit the possession of a pet, except for specific exceptions provided by law, such as seasonal rentals or the presence of Category 1 dangerous dogs. Thus, can a landlord prohibit the presence of an animal? In principle, no, except for exceptions and under certain precise conditions.

It is therefore important to clarify: any general prohibition clause regarding animals in a residential lease is deemed "unwritten" and therefore legally inapplicable. Furthermore, a clause banning all animals without distinction is considered abusive and invalid. The law generally protects the right of tenants to keep pets in their rented accommodation, provided that they do not cause a disturbance of enjoyment or damage.

Pets are often considered family members, and the law protects the tenant's private life in this regard. In this article, you will find all the essential information to know about animal bans in rentals to better understand your rights and obligations. Don't panic: at Colonies, we separate fact from fiction to offer you a clear and updated vision.

What does the law concretely say on the subject?

Let’s start with the basics: what do the legal texts say about a landlord banning domestic animals? If it is a residential lease (primary residence), Article 10 of the Law of July 9, 1970, regulates the keeping of an animal and specifies that the landlord cannot prohibit the presence of a pet in the dwelling. Any clause prohibiting the keeping of an animal in a residential lease is deemed unwritten and legally inapplicable, except for exceptions provided by law, notably for certain dangerous dogs or in cases of proven disturbance.

As long as it is a primary residence, the law protects the keeping of a domestic animal. Can the landlord prohibit the possession of an animal? He can only do so under certain conditions, such as neighborhood disturbances, danger, or damage caused by the animal. For example, the presence of a rat, like that of other pets, cannot be prohibited by the owner unless the animal causes a nuisance or damage.

The reference text remains Law No. 70-598 of July 9, 1970. It protects your right to live with your four-legged companions, whether you rent a furnished unit, an empty apartment, or a colocation. It is important to remember that a clause banning all animals without distinction is considered abusive and invalid in a residential lease. The law therefore protects the tenant's right to keep a pet, provided it does not cause trouble or damage. However, while the law answers "no" to the question "can animals be banned in a rental," it does not exempt you from your responsibilities.

Damage and Disturbances: Total Responsibility

Does your dog bark incessantly? Has your cat mistaken the sofa in your furnished unit for a scratching post? You are 100% responsible for neighborhood disturbances and damage caused by your animals. As a tenant, you must ensure that your animal does not cause a disturbance of enjoyment for other occupants of the home.

If your animal causes damage in the dwelling or common areas, you may be required to repair this damage, and the landlord may demand repairs. It is therefore strongly recommended to take out civil liability insurance or home insurance to cover any damage caused by your pets. Civil liability, notably via multi-risk home insurance, guarantees coverage for material or bodily harm caused by your animal in the home.

In co-ownership, the regulations are your "bible": they define the rules of good neighborliness in common areas. Beware of misconceptions about noise: "tapage" (daytime or nighttime noise disturbance) is sanctioned as soon as it is "repetitive, intensive, or lasting." If barking exceeds tolerance thresholds, it can lead to a serious dispute, or even the termination of the lease for failure to respect the peaceful enjoyment of the premises.

Exceptions: When Can the Landlord Say "No"?

Although the general rule protects the tenant, there are three major cases where the answer to the question "can animals be banned in a rental" becomes yes. These situations constitute an exception to the rule:

• Category 1 Dangerous Dogs: For public safety reasons, a landlord is entitled to contractually prohibit attack dogs (Pitbull, Mastiff, or Tosa types not registered in a genealogical book). Attack dogs are subject to special regulations and their possession can be prohibited in certain cases, notably in co-ownerships or according to the building's internal regulations.

• New Pets (NAC): While dogs and cats are protected, an owner can refuse the keeping of exotic, potentially dangerous, or protected animals (snakes, spiders, protected species). Keeping these exotic or non-domestic animals often requires specific authorization, without which their presence in the dwelling is illegal.

• Seasonal Rentals: For tourism or holiday accommodation, such as seasonal rentals or furnished tourist units, the owner can legally prohibit the presence of animals, provided this is clearly mentioned in the contract.

Possible Sanctions in Case of Non-Compliance

The presence of a pet in a rental implies respecting certain rules. If these rules are not followed, the owner can take various steps to stop the disturbances or repair the damage caused by the animal. In the event of nuisances (repeated barking, degradation of the dwelling), the first step is generally for the owner to send a formal notice to the tenant. This official letter reminds them of the obligations in the lease and asks the tenant to remedy the situation quickly.

If, despite this formal notice, the disturbances persist or if public safety is threatened (in the case of a dangerous animal or an attack dog), the owner can take the matter to court. Recourse to the court allows for a quick decision to stop the nuisance or, in the most serious cases, to initiate lease termination proceedings. This termination is only possible as a last resort.

The Reality of the Rental Market

Why do we still see prohibitions in ads? In practice, a landlord freely selects their tenant. If they are opposed to animals, they may favor a profile without a furry companion. In the context of a seasonal rental, the landlord can freely refuse animals, provided this is clearly stated. Our advice: play the transparency card. It is technically possible to adopt an animal after signing the lease, but it is the best way to break trust with your landlord. At Colonies, we prioritize healthy and lasting relationships.

Living with an Animal: The Right Questions to Ask

Knowing if one can ban animals in a rental is one thing; ensuring their well-being is another. Pets are often considered family members. In a student studio or a room in a colocation, there is often a lack of space and time for a large dog. Also, think of your flatmates: allergies, noise, or odors can quickly generate tension. Choose an animal suited to your lifestyle to guarantee serene cohabitation within your community while respecting everyone's privacy.