The principle
Any tenant has the right to have one or more animals at home.
Pets
Pets (or pets) such as dogs, cats, etc. are allowed without restrictions.
The principle is laid down in article 10 of the law of July 9, 1970, amended by law n ° 2012-387 of March 22, 2012:
"Any stipulation tending to prohibit the keeping of an animal in a living quarters insofar as it concerns a pet ».
To note :
“Non-domestic” species are protected or dangerous animals, the keeping of which is subject to prefectural authorizations and capacity certificates (maintenance, etc.) as provided for in articles L413-2 et seq. Of the environment code.
New Pets (NAC)
It is all mammals other than dogs and cats such as rodents, ferrets, birds, reptiles, spiders, scorpions ...
Only NACs registered in the list of the decree of August 11, 2016 are authorized.
Responsibility
As owner of the animal, the tenant will be responsible if the animal:
- disturbs the peaceful enjoyment of his neighbors
- causes damage in common areas (entrance hall, stairwell, elevator, gardens, etc.)
- Creates an abnormal neighborhood disturbance
The exceptions
An owner can prohibit his tenant from having an animal in two specific cases.
Dangerous animals
Paragraph 2 of article 10 of the law of July 9, 1970 allows the lessor to prohibit his lessee from keeping a dangerous animal.
But one clause must expressly provide for it in the lease contract.
Category 1 dogs known as "attack dogs" appearing in article L211-12 of the rural code are concerned. These are:
- staffordshire terrier
- american staffordshire terrier
- Pit bulls
- M
- Boerbulls
- Tosa
Recall :
No sale or transfer, even free of charge, or importation of 1st category dogs (L211-15 of the rural code) and obligation to hold a detention permit for these dogs and a behavioral assessment for those over 12 months (L211-13 and following of the rural code).
Seasonal rentals
Going for a weekend, on vacation in a furnished rental is a "vacation rental of furnished tourist accommodation".
Article 10 of the law of July 9, 1970, allows any owner of a seasonal rental to prohibit any animal, even a family member, in the accommodation.
Thus, an Airbnb rental may validly prohibit the presence of animals in the rented apartment.
