Following the recent modification of the legal status of pets in Spain (Law 17/2021, of 15 December) in which they are now considered "living beings endowed with sentience" and not simply things as they were previously, many doubts have arisen in relation to how this reform affects leasing contracts. Lawyer Helena Pascual, from Versus Estudio Jurídico and author of the blog Entre Códigos y Leyes, explains the new situation.
First of all, we must point out that the Urban Leases Law (LAU) does not establish anything about pets or the possibility of prohibiting the keeping of animals in the rental contract, but provides that the contracts "shall be governed by the agreements, clauses and conditions determined by the will of the parties".
Recently, some voices have been raised to claim that, since pets are considered members of the family unit under the new pet law, the prohibition of pets cannot be included in the rental contract. However, although it is true that the reform envisages regulating their custody in the event of divorce, if we look at the wording of the regulation, in no case does it define pets as part of the "family unit", but rather, as we said, it refers to them as "sentient beings".
That said, while this new law doesn't define pets as part of the "family unit", the preliminary draft of the Law for the Protection and Rights of Animals does refer to the obligation of the owners or persons responsible for pets to "keep them integrated in the family unit." However, this preliminary draft is just that: a draft that may undergo modifications, and we do not know if it will affect leasing contracts.
The new pet law does not modify the Law on Urban Leases.
As far as the reform on the legal regime of animals in the Law 17/2021 of 15 December, it only modifies the Civil Code, the Civil Procedure Law, and the Mortgage Law. The law does not modify the Urban Leases Law, and therefore, nothing is said about the situation of pets in a rented home.
In this sense, we must take into account the provisions of the parties as stated in the Urban Leases Law, and therefore this prohibition could be established in the rental contract, and it would be perfectly legal. As stated in the LAU, the landlord can prohibit by contract the keeping of a pet in the flat. Non-compliance could lead to termination of the lease by the landlord. This new pets law does nothing to directly modify that fact.
What if the lease does not prohibit keeping a pet in the house?
If the tenancy agreement does not stipulate any prohibition in this respect, the landlord may not prohibit the tenant from keeping pets in the dwelling as long as they do not cause problems of cohabitation or damage to the dwelling.
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