Pets in rental apartments is a topic that generates a lot of controversy. But, what is true? Can pets be prohibited in rental apartments or does the owner have to give in if their tenant has a pet? In the following guide, we reveal it to you.
In the market for pet-friendly rentals, also known as pet rentals, there is a growing demand for tenants with companion animals, which has led to an increase in inquiries about whether pets can be prohibited in a rental in Spain and under what legal conditions this is valid.
This type of conflict between landlords and tenants is part of what is legally known as breach of rental contract due to pets, when there is an express clause in the contract that regulates this situation.
In these cases, the owner can establish additional protective measures, such as a pet deposit or additional guarantees within the rental contract, always within the legal limits established by the Urban Leasing Law (LAU).
These types of conditions are common in pet-friendly rental contracts, especially in high-value properties or communities where the condition of the property is sought to be preserved.
Prohibition of pets in rental homes: is it legal or not?
There are owners who say no to pets for fear that they will cause more damage to the property. Therefore, in the advertisements for their properties, they clearly state that pets are not accepted.
The problem with this is that more and more tenants have pets. It is something that is completely common nowadays. If all owners decide not to accept pets, the poor tenants who do have animals would have nowhere to stay, which would be very serious.
Of course, at the outset, a person cannot be forced to do what they do not want to do in their home; after all, it is theirs and they have paid for it. So, how to deal with these cases? What does the law say?
The law does not prohibit pet ownership in a rental apartment. Let’s say that nothing similar is contemplated in any law, neither in the Horizontal Property Law nor in the Civil or Criminal Code. In the Urban Leasing Law (LAU), it is also not mentioned, but it is left open for both parties to decide or negotiate freely. Specifically, in article 4.2 of the LAU, it states that “residential leases will be governed by the agreements, clauses, and conditions determined by the will of the parties involved.”
From a legal point of view, this means that current regulations do not establish a general prohibition on the possession of animals in rented housing. However, it does allow for specific agreements, so it can be legal to prohibit pets in a rental as long as it is clearly stated and accepted by both parties.
Consequently, the answer to whether it is legal to prohibit pets in rentals is affirmative, as long as there is a valid contractual agreement between the owner and the tenant.
That is to say, the law does not take a stance and lets the owner and tenant negotiate. Therefore, if the owner wants to prohibit the entry of pets into their home, they simply have to indicate it in the advertisement and in the corresponding rental contract, and that would be enough. In other words, it is legal for an owner to decide not to rent to a tenant with pets.
If the tenant signs the contract as this clause appears, they must comply with it. If they do not, the owner could terminate the contract or retain part of the deposit if damages occur as a result.
What if the owner does not accept pets but does not reflect it in the contract?
There are owners who draft the contracts themselves or take the first one they find on the Internet and do not stop to think about the clauses. If they have indicated in the advertisement that pets are not allowed but do not provide an express prohibition in the contract, the tenant can do whatever they want. If they want to have pets in the home, they can do so because it is their right.
In these cases, there are tenants who prefer to ask to feel more at ease, but there are also those who say nothing and move forward. After all, they are within their rights. In any case, once the contract is signed, that would be it, that is why it is so important for both parties to carefully review the contract before signing.
It is important to highlight that, in addition to pets, rental contracts may include other restrictions such as prohibiting smoking in the property, which follows the same contractual logic. In fact, in some cases, it is also regulated whether smoking can be prohibited in a rental apartment, always through express clauses accepted by both parties.
Likewise, situations such as can I be evicted from the apartment for having a dog will depend solely on whether or not there is a clear clause of no pets allowed signed in the contract.
- Understand the essence: what a real estate agency does, key functions, and its meaning. - 9 de July de 2026
- Luxury penthouse in Barcelona: prime areas, real prices, and what differentiates a penthouse from a simple upper floor. - 10 de June de 2026
- Luxury safe houses: privacy, technology, and premium protection in exclusive homes - 8 de June de 2026
