Prohibiting pets in the rental agreement: is that possible?

Yes, as a landlord you may include a ban on pets in the lease agreement, but in practice, you cannot simply rely on it. A tenant derives the right to undisturbed enjoyment of their home from it, and this carries significant weight. In the event of a conflict, a subdistrict court judge will weigh the interests involved: the ban stands a chance only if you, as the landlord, can demonstrate that the animal causes a nuisance or damage, or that a compelling interest is at stake (for example, HOA regulations). A well-formulated clause is therefore useful as a starting point, but not a guarantee.

Can a landlord prohibit pets?

The law contains nothing specific regarding a ban on pets in a tenancy agreement. Therefore, parties are in principle free to make agreements on this matter: as a landlord, you may include a prohibition clause. The difficulty lies in enforceability. Keeping a pet infringes upon the right to undisturbed enjoyment of the home and the tenant's personal privacy. These interests are protected, meaning a ban does not automatically hold up in court.

If a dispute arises, the subdistrict court judge will assess the case. The judge will weigh the interests involved: how much weight does your interest as a landlord carry against the tenant's interest in keeping the animal? If the pet causes no nuisance and no damage, the tenant usually prevails. However, if the animal does cause demonstrable problems, the landlord is in a stronger position.

Why a general ban is difficult to enforce

Including a prohibition is always possible, but successfully invoking it is another matter. You will have to substantiate to the judge with concrete facts that your interest takes precedence over the tenant's enjoyment of the home. A general "no pets allowed" clause without substantiation is often too weak. What counts are the circumstances of the case:

• Type of animal: a goldfish or a cat rarely causes problems, a large or loudly barking dog more so.
• Type of dwelling: a dog in a small apartment is more likely to raise objections than in a home with a spacious garden.
• Demonstrable nuisance or damage: barking, stench, vandalism, or complaints from neighbors strengthen your case.
• Breed and behavior: the character and size of the animal play a role in the assessment.

It is therefore always a matter of fact. Bear in mind that a ban that exists only “on paper,” without the animal actually causing a nuisance, rarely leads to the termination of the lease in practice.

The pony example: definitions require careful attention

The fact that wording requires careful consideration is evident from a ruling in which a landlord had explicitly prohibited the keeping of livestock . The tenant kept a pony, but according to the judge, a pony is not automatically “livestock.” Moreover, the pony was kept in a well-maintained stable in the garden and caused no nuisance. The tenant was allowed to keep the animal. In an apartment, without appropriate provisions, the outcome would likely have been different.

The lesson for landlords: do not use vague or open-to-multiple interpretations. If you want to exclude certain animals, specify exactly what you mean (pets, garden animals, livestock) and link the ban to a verifiable criterion such as nuisance or damage.

Pay attention to the articles of association and the regulations of the Owners' Association

If you rent out an apartment, you are not the only party with interests. Other residents also want to enjoy their property undisturbed, and the Homeowners' Association (VvE) may have its own rules. If the deed of division, the articles of association, or the internal regulations of the VvE contain a restriction or prohibition on pets, you would do well to extend this to the rental agreement.

A prohibition that aligns with applicable HOA rules is generally easier to substantiate, because you are serving a broader interest than just your own preference. Therefore, always have the HOA documents checked before granting or refusing a tenant permission.

Exception: service dogs and assistance dogs

Service dogs, guide dogs for the blind, and other recognized assistance dogs constitute an important exception. These animals support people with disabilities and, in principle, may not simply be refused, even if the tenancy agreement contains a pet ban. Therefore, a general ban cannot be held against a tenant with a demonstrably service dog. If you encounter this as a landlord, assess the situation carefully before taking action.

Practical tips for landlords

1. Include a clear provision regarding pets, garden animals, and livestock in the rental agreement and specifically describe what is and is not permitted.
2. Link the prohibition to an auditable criterion, such as “insofar as this causes nuisance or damage” or a prior consent requirement.
3. Check the deed of division and the regulations of the Owners' Association, and align the lease agreement accordingly.
4. Keep nuisance and damage well documented (complaints, photos, reports); without evidence, you stand in a weak position in court.
5. Be cautious with service dogs and assistance dogs; a standard ban generally does not apply here.
6. Are you unsure about the wording? Have the clause legally reviewed before you rent out.

Frequently Asked Questions

As a landlord, am I allowed to completely ban pets in my rental property?

You may include a ban in the tenancy agreement, but you cannot always enforce it. If the animal causes no nuisance or damage, the tenant's enjoyment of the property generally outweighs this, and a general ban often does not hold up in court.

What happens if the tenant does not comply with the prohibition?

In principle, you can then go to the sub-district court, but the court will weigh the interests involved. Without demonstrable nuisance or damage, a violation of a pet clause rarely leads to the dissolution of the lease agreement or eviction.

Does a pet ban also apply to service dogs?

No. Service dogs, guide dogs for the blind, and recognized assistance dogs may not, in principle, be refused, even if the rental agreement contains a general prohibition.

Can a homeowners' association prohibit pets?

A Homeowners' Association (VvE) can include restrictions in the articles of association or the internal regulations. Whether such a prohibition holds up depends on the wording and the specific situation. As a landlord, you would be wise to align the lease agreement with those rules.

How do I formulate a strong pet clause?

Be specific about which animals you mean and link the ban to a verifiable criterion such as nuisance, damage, or prior consent. A clause that merely says “no pets” is weaker in practice than a substantiated provision tailored to the situation.

Drafting a watertight rental agreement?

A pet clause is just one part of a good rental agreement. We draft contracts for landlords daily, taking into account not only your wishes but also the rules of the Owners' Association and the position of neighbors. This way, you protect your interests as effectively as possible and avoid disputes later on.

View our expertise in tenancy law or have your contracts reviewed by a specialist. Would you like to discuss your situation? Schedule a no-obligation intake and we will think things through with you.