Can a landlord ban pets in a rental property?

A question we often receive is whether your landlord can ban pets (such as a dog or cat) in a rental property or apartment, and whether such a ban does not constitute a restriction on the tenant's right to a private life, as guaranteed by Article 8 of the European Convention on Human Rights (ECHR) and Article 22 of the Belgian Constitution.

On 20 December 2024 the Court of Cassation issued an important ruling on the admissibility of the mention "no pets allowed" in rental advertisements. The Court ruled that such mentions do not constitute a violation of Article 8 ECHR and Article 22 of the Constitution.

Background of the case

A real-estate agent had advertised a rental property online with the notice "no pets allowed!!!". Both at first instance and on appeal, the agent was disciplinarily sanctioned by the Professional Institute of Real Estate Agents (BIV). The BIV held that such a general ban on pets constituted an infringement of the right to respect for private and family life, as guaranteed by Article 8 ECHR and Article 22 of the Constitution. The agent received a disciplinary sanction for breaching Articles 1 and 55 of the Code of Conduct.

Assessment by the Court of Cassation

The Court of Cassation however ruled that neither Article 8 ECHR nor Article 22 of the Constitution prohibit mentioning, when offering private property for rent, that pets are not allowed. The Court therefore annulled the BIV's decision and referred the case back to a differently composed appeal chamber of the BIV.

Implications for rental disputes

Although this ruling only concerns the actions of a real-estate agent and the way they advertised a rental property, it also has consequences for the relationship between landlords and tenants.

Before this Court of Cassation ruling, Belgian case law was not uniform on this subject. Several justices of the peace considered a general pet ban in rental contracts as a violation of the right to private life. Only a ban limited to pets causing nuisance or damage was deemed justified. Justices of the peace will from now on have to take this Court of Cassation ruling into account.

Brussels-Capital Region

One caveat applies: since 1 November 2024, Article 218/1 of the Brussels Housing Code stipulates that any clause in a rental agreement that simply prohibits keeping a companion animal in the rented property is considered unwritten.

The rental agreement may however:

• link the keeping of companion animals to the condition that there is no nuisance and in particular no aggression;
• limit the number of animals or the species that may be kept, based on acceptable reasons.

This statutory restriction does not apply in the Flemish Region, since the Flemish Residential Rental Decree does not contain a similar provision.

Implications for the real-estate sector

This ruling clarifies that landlords and real-estate agents may indicate in their advertisements that pets are not allowed in a rental property or apartment, without thereby violating the tenant's rights to private and family life. It is however advisable to formulate such mentions carefully and specifically to prevent possible misunderstandings or legal disputes.

Questions or need support?

Feel free to ask your further questions to property manager SEBAS, we are happy to help. welkom@mysebas.be

Source: Everest advocaten