Can a tenant with animals be evicted? What the law says.

It is not uncommon to want to rent an apartment and bring your pets with you. But what are the forms of protection for a landlord who does not agree to having an animal in his or her own home? Can a tenant with animals be evicted because of the presence of a dog or cat in the apartment? Generally, if a lease prohibits pets and a tenant violates this condition, it is a breach of contract that can lead to eviction. However, when there are no restrictions on animals in the agreement, the tenant has the right to keep pets in the rental property without the risk of being evicted for that reason. Let's take a closer look at this issue and check what is provided for in the current legislation.

According to the "Condominium Reform "

under the "Condominium Reform" law N.220/12, condominium rules cannot prohibit owners of individual dwelling units from enjoying the company of pets inside their own unit. This provision is contained in the last paragraph of Article 1138 of the Civil Code. Thus, when it comes to whether a tenant with animals can be evicted, a fundamental distinction must be made: landlords of dogs or cats living in an apartment in the property have the right to keep the animal in the house, but they must, of course, ensure public peace and cleanliness of the common spaces; a landlord can prohibit a tenant from having an animal in the house. Thus, the property owner (landlord) can, through a specific contractual provision, prohibit the tenant (tenant) from keeping pets in the dwelling unit, whether in a condominium or detached home. The prohibition cannot be contained in condominium regulations, but must be stated in the lease, and of course, once signed by the tenant, it must honor the wishes of the homeowner.

With eviction with dogs or cats possible?

From the above, when you want to enjoy the company of a pet in your own home, there is no problem or special restriction on having a dog or cat in the home, even if the unit is in a condominium. The situation changes when it comes to the pet of an entity entering into a lease on a house, whether it is a separate house or part of a condominium. In fact, if there is an explicit prohibition in the lease against having an animal on the premises and the tenant keeps it anyway, it is a breach of contract that can lead to an eviction lawsuit with dogs or cats. It should be noted that eviction proceedings with dogs or cats, require the usual grounds for termination, which usually take longer than eviction proceedings for non-payment of rent. On the other hand, when the contract does not contain restrictions on animals, the tenant has the right to have pets in the rental property without the risk of being evicted for that reason. In this case, a tenant who has a pet is still required to comply with the general terms and conditions of use of the rental property, including the following: exercising due care of the property; using the property in accordance with the terms of the contract; and returning the property in the same condition in which it was received.

So, in the absence of an explicit contractual prohibition against keeping pets in rental housing

There are "normal" conditions that allow a landlord to proceed to evict a tenant. Basically, the procedure can occur for the following reasons: eviction due to non-payment of rent; eviction at the end of the lease term; eviction due to a serious violation. When renting a property, it is helpful to know what tools are available to avoid resorting to possible evictions. First of all, you can protect yourself from debtor tenants by consulting a real estate debt database before you even enter into an agreement with a prospective tenant.

With respect to the liability of a tenant with pets for damages caused by them.

, reference should be made to Article 2052 of the Civil Code. This provision states that the guardian of an animal is liable for damages caused by the animal unless the owner proves that the damage was accidentally caused. While this is not directly valid grounds for evicting a tenant with animals (unless there is a contractual prohibition), it is important to realize that a tenant who owns a pet is liable for damage caused by the pet to the property and furnishings. This is especially important because the tenant has a duty to take proper care of the property as provided for in the Civil Code. In addition to civil liability, criminal liability should also be considered in the event of damage or injury to people, animals or property caused by pets.

In addition, if there are problems such as noises or odors that violate the standards for unacceptable emissions (specified in Article 844 of the Civil Code), the condominium has the right to require the removal of the pet from the dwelling.

. Finally, if there are noise problems, the tenant can be charged with "disturbing the peace of persons" as defined in Penal Code section 659.

In conclusion, although a landlord may not evict a tenant with animals for these reasons, if the rental unit is in a condominium, the general rules regarding unacceptable emissions and unacceptable noise apply. Owners of dogs and cats in a rented condominium apartment must therefore avoid causing a nuisance to other tenants in the building.

In the event of a dog's constant barking that interferes with the rest of the other tenants, the condominium administrator may take sanctioning action.

. Similarly, in the case of animal excrement that may contaminate the common areas of the condominium and make them inaccessible or unpleasant, the standards for unacceptable discharges set forth in Article 844 of the Civil Code shall apply. You may also be interested in

Are you looking for more information about eviction? You'll find everything you need here.

When can't a tenant be evicted?

The eviction procedure cannot be started if the tenancy agreement is not registered. In this case, the lease itself is considered invalid.

What are the reasons for evicting a tenant?

It is possible to evict a tenant when they are in debt, when the contract has expired but they remain in the property without a right or generally for other serious breaches of contractual obligations on the part of the tenant, including having an animal in the house despite a contractual prohibition in this regard.

How to evict a tenant quickly?

To start eviction proceedings due to arrears, you need to contact an attorney to handle the eviction notice.

How to evict a tenant with an agreement?

In residential leases, it is possible to request the forced removal of a tenant when the tenant is unsuccessful and twenty days have passed since the rent due date. In the case of commercial leases, eviction timelines are determined by a judge after investigation and evaluation of the facts.