Can I be banned from having a pet?

Those who have a pet do not imagine that they can be denied access to housing because of this situation. However, this is quite possible, in some cases. This article gives you all the details on the cases of prohibitions on renting accommodation that the owner of a pet animal may encounter.

Some animals may be prohibited

The law of July 9, 1970 lists the animals whose presence may be prohibited by the lessor of a dwelling. These are the category 1 and 2 dogs. Category 1 dogs are so-called “attack” dog breeds. Category 2 dogs are so-called “guard and defense” dogs. Belonging to one or the other category depends on whether or not they are registered in the Book of French Origins (LOF), a register which lists the origins of purebred French dogs. The two categories combined, here are the dogs concerned:

  • American Staffordshire Terriers (formerly called Staffordshire Terriers and commonly referred to as “pit bulls”),
  • Mastiffs, commonly referred to as “boerbulls”,
  • The Tosas (or Tosas Inus),
  • And Rottweilers.

Although this idea is quite widespread, the Staffordshire Bull Terriers do not belong to either category. Their presence in a dwelling cannot therefore be prohibited by the owner.

With the appearance of new pets (NAC), other prohibitions have appeared. However, note that the prohibition of these animals is not the responsibility of the owner of the accommodation. If the prohibition of dogs of category 1 and 2 can appear in a lease, the prohibition of the NAC will not necessarily appear there because it is the legislator who fixes the rules within the framework of the law of August 11, 2006. Species belonging to the list of pets, such as rabbits, hamsters, and even ferrets, cannot be prohibited, as they are considered the same as a cat or a dog which is not classified as dangerous. But the exotic species are clearly prohibited. This concerns animals such as tarantulas or snakes. It goes without saying that the protected species mentioned in the decree of April 23, 2007 are also prohibited. Included in this list are hedgehogs and red squirrels. The possession of animals which are not considered domestic and which are neither dangerous nor protected is subject to a prefectural authorization which is accompanied by the issuance of a certificate of competence.

Apart from all these cases, and therefore with regard to the presence of a domestic animal, no one can prohibit its presence to a tenant, whether the rental is empty or furnished. The law does not specify anything concerning the number of animals. In the end, it’s all just a matter of respecting the rules of good neighbourliness.

Respect for the neighborhood

Possession of a domestic animal in a rental apartment is possible provided that this situation does not create no nuisance or damage to the condominium. This requirement extends even beyond the strict limits of the building in which the animal owner’s accommodation is located. Articles L221-22 and 23 of the rural code mention the prohibition for an owner to let his pet(s) live alone outside the home and, when the owner and his pet are outside the home, the animal cannot not move away from his master more than 100 meters in the case of a dog, and not beyond 200 meters in the case of a cat. If this were to be the case, it is the municipality in which the offense took place which is competent to enforce any penalties.

If the rental lease does not mention any prohibition concerning the possession of a category 1 or category 2 dog, the owner of the dog(s) must imperatively muzzle them and keep them on a leash when he leaves his accommodation.

As far as nuisances are concerned, it is article R 1336-5 of the public health code which specifies the outlines. A complaint can be filed when the behavior of a domestic animal affects the health and tranquility of people residing around the accommodation. We think of barking. But to constitute a noise nuisance, the noise must take on certain characteristics of intensity, duration, repetition, whatever the time of day or night. Complaints about odor nuisance are also quite common. Finally, it can happen that an animal is the cause of material damage.
One important thing to know is about occasional pet sitting. It is the person who keeps the animal who is responsible for the damage or disturbances caused by the animal and who must compensate the victims, whether they have suffered a moral or bodily injury, and pay for any repairs to be made. in material damage.

The special case of seasonal rentals

Owners of seasonal furnished tourist rentals have complete freedom to prohibit the presence of a dog or a cat or any other domestic animal. In general, this prohibition is specified in the description of the accommodation. In case no mention appears, it is recommended to inquire to obtain a clear answer.
In some areas where rental supply is reduced compared to demand, finding a rental that accepts animals can be a headache. The most effective is probably to type directly into the search engine the mention “pet-friendly vacation rental” or to turn directly to specialized sites.

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