Keeping pets in a rented apartment is a frequent cause of disputes between tenants and landlords. In principle, however, your landlord cannot ban you from keeping a dog, even if you have a contract to do so.
The landlord cannot prevent the tenant from keeping a dog, cat or other pet in the apartment – even if the tenant has expressly included such a prohibition in the lease.
Even if this condition is included, it has no legal effect. The tenant cannot be fined or terminated for “breaching” it, and the landlord cannot enforce it. In this respect, the new Civil Code protects the tenant’s right to the customary use of the apartment.
Section 2258 of Act No.89/2012 Coll. states that “The tenant has the right to keep an animal in the apartment if the keeping does not cause the landlord or the other residents of the house a nuisance unreasonable to the conditions in the house. If the keeping of the animal gives rise to the need for increased costs of maintenance of the common parts of the house, the tenant shall reimburse the landlord for these costs.”
According to the Labour Code, tenants have the right to keep an animal in the rented apartment, as long as they do not cause undue hardship to the landlord or other residents of the building. The law does not explain what exactly is meant by this term – it always depends on the specific situation.
For example, the size and layout of the flat, the number of animals or the level of noise and smell are taken into account. If the keeping of an animal is shown to be a significant disturbance to the peace or normal use of the property, the landlord can ask the tenant to remove the animal. If the tenant ignores the notice, this can lead to the tenancy being terminated.
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