A pet often brings a lot of daily happiness. But when you are a tenant (or a landlord) in Luxembourg, the presence of our four-legged friends can sometimes raise questions.
To avoid conflicts and disagreements, laws exist to regulate practices and protect everyone’s rights. Let’s take a look together at the rights and responsibilities of each party for peaceful coexistence between tenants, landlords, and animals.
Banning pets in a rental agreement is possible in Luxembourg
It is entirely possible for a landlord to forbid their tenant from having a pet. But for this ban to be legally valid, it obviously needs to be written into the lease agreement.
This is why, if you have a pet or are planning to adopt one, it may be wise to ask the landlord during the viewing, before possibly signing a lease.
“If you have a pet or are planning to adopt one, it may be wise to ask the landlord during the viewing.”
A reality challenged by animal protection associations
Although it is completely legal for a landlord to forbid pets in their property, it’s important to know that not everyone agrees with this reality.
Whether it’s animal protection associations or even the Tenant Defense Association, this situation fuels the anger of many stakeholders who have already spoken in favor of new legislation to protect our four-legged companions. Eventually, it’s entirely possible that the conditions may evolve, hence the importance for landlords to stay informed and possibly seek guidance from experts to manage their property.
Justifying a pet ban: a safer option for everyone
On the landlord’s side, although pet-ban clauses are still entirely valid today, they could be challenged one day. To prevent this from happening, consider linking the ban to specific reasons.
For example, banning pets can be justified by:
- The nature of the building (for example, a co-ownership where the rules specifically prohibit certain animals due to proven nuisances);
- The size of the animal in relation to the home (a large dog in a small studio);
- If the animal causes repeated disturbances of enjoyment that affect the neighbors (excessive noise, mess).
Tenant’s responsibilities: preventing nuisances and damages
As a tenant, even if your lease allows you to live with your pet, certain responsibilities fall to you. In concrete terms, you are responsible for all actions of your pet. In short, you must ensure that it causes no disturbance to the neighbors (uncontrollable barking, odors, damage to shared areas).
“You are responsible for all actions of your pet. In short, you must ensure that it causes no disturbance to the neighbors.”
Furthermore, you are required to repair any damage caused by your animal to the property or its equipment. Upon departure, any damage your pet may have caused will be attributed to you and could lead to deductions from your rental deposit.
Specific clauses in the lease related to pets
Your landlord may require you to subscribe to a civil liability insurance to cover potential damage caused by your pet.
They may also impose rules of good conduct in common areas, such as the obligation to keep the dog on a leash or to immediately clean up after them.
Exotic pets, “dangerous” animals: what’s the deal?
Legislation can be stricter regarding certain categories of animals. Thus, potentially dangerous dog breeds are subject to specific regulations (ownership permits, specific insurance, muzzle wearing, etc.). Likewise, the ownership of exotic or non-domestic animals is heavily regulated and often requires special authorizations. In these cases too, the landlord may refuse their presence: make sure to inquire before adopting exotic pets (“new companion animals”).
What to do in case of conflict about pets in a rental?
In case of disagreement between the landlord and tenant regarding the presence of a pet, the first step is always to initiate dialogue to find an amicable solution. If this attempt fails, the affected party can take legal action. In that case, the judge will assess the situation, taking into account the facts, evidence (photos, neighbor testimonies), and current case law in Luxembourg.
