In Spain, a landlord can refuse to allow pets in a monthly rental, but this right depends entirely on what’s written in the rental contract. If the contract doesn’t contain a specific clause about pets, there is no general legal prohibition, though the rules of the building’s community of owners may apply.

What the law says (and does not say)

The Law of Urban Leases (LAU) does not regulate pets (Law 29/1994). This means the decision of whether or not to allow a pet rests solely with the landlord and is determined by the rental agreement. A landlord can legally forbid pets by including an express clause in the contract. If the contract makes no mention of pets, there’s no general legal basis for a prohibition, but the statutes of the community of owners (comunidad de propietarios) of the building may impose limitations on animals. Law 7/2023 on the protection of the rights and welfare of animals, in force since September 2023, places obligations on the pet owner to care for the animal and be responsible for its actions, but does not create any obligation for landlords to accept pets. This law reinforces the owner’s responsibility, but does not change the contractual freedom regarding pets in a rental property. The LAU focuses on the contractual relationship between landlord and tenant, and does not address the specifics of pet ownership.

What the contract can and cannot include

An express clause in the rental contract is the only way a landlord can legally forbid pets. If the contract doesn’t mention pets, there is no legal prohibition, but the rules of the community of owners may apply. It’s vital that any agreement regarding the pet – the type of animal, the number of animals, and any specific conditions – is clearly written into the contract. This avoids misunderstandings and potential disputes later on. For example, the contract could specify a weight limit for dogs, or require that the pet be regularly groomed. Without a written agreement, it’s difficult to enforce any restrictions. The contract should also detail any specific responsibilities the tenant has regarding their pet, such as ensuring it doesn't cause a nuisance to neighbours.

Deposit and damage

The legal deposit (fianza) for a standard housing contract is one month’s rent (LAU, article 36). For a temporada contract, the deposit is two months’ rent. A landlord can request an additional guarantee to cover potential damage caused by the pet, but the amount must be agreed upon by both parties and clearly stated in the contract. It’s important to understand that the tenant is legally responsible for any damage the animal causes to the property. This could include damage to furniture, flooring, or walls. Clear documentation of the property’s condition before move-in is crucial. A detailed inventory, accompanied by photographs, will serve as evidence of the property’s state and help prevent disputes over damage at the end of the rental period.

Finding pet-friendly monthly rentals: what to ask

When searching for a mid-term rental in Spain with your dog or cat, it’s essential to ask the right questions. Here are six key points to clarify with the landlord or rental agency:

  • Does the contract allow pets, and is this clearly stated in writing, specifying which animal and how many?
  • Are there any restrictions on animals outlined in the statutes of the community of owners of the building?
  • Is there an additional guarantee for potential damage caused by the pet, how much is it, and what are the conditions for its return?
  • What counts as damage and what as normal wear and tear at the end of the stay, and will a detailed inventory with photos be taken at check-in?
  • Is there a cleaning charge at the end of the stay, and is this included in the contract?
  • Does the property suit your animal’s needs, considering factors like outdoor space, floor level, lift access, and proximity to parks?

Cities and neighbourhoods where it is easier

Finding pet-friendly monthly rentals can be easier in certain areas. Consider locations with convenient access to parks and green spaces, which are ideal for dog walking and exercise. If you’re on the coast, look for areas with dog beaches. Ground-floor homes or those with a terrace provide easy access to the outdoors for your pet. Proximity to a veterinary clinic is also a significant advantage. Buildings whose community rules are known to be more accommodating to animals may also offer better options. The availability of pet-friendly amenities can significantly improve your and your pet’s quality of life during your mid-term rental.

Travelling to Spain with your pet

If you’re travelling to Spain from another European Union country with your pet, you must meet certain requirements. First, your pet needs a European pet passport. Second, your pet must be microchipped. Finally, your pet must have a valid rabies vaccination. These are standard regulations for pet travel within the EU, and ensuring compliance will allow a smooth entry into Spain with your companion. Proper documentation and adherence to these requirements are essential for a stress-free travel experience.

Frequently asked questions

Can a landlord refuse pets in Spain?

Yes, a landlord can refuse pets if the rental contract includes an express clause forbidding them. If the contract does not mention pets, there is no general legal prohibition, but the rules of the community of owners may apply.

What is the deposit for a monthly rental?

The deposit (fianza) for a standard housing contract is one month’s rent (LAU, article 36). For a temporada contract, it is two months’ rent.

Who is responsible for damage caused by a pet?

The tenant is responsible for any damage caused by their pet. The rental contract may include an additional guarantee to cover potential damage.

What happens if the rental contract doesn’t mention pets?

If the rental contract doesn’t mention pets, there is no legal prohibition, but the community of owners may have rules that restrict animals.

TITLE: Pet-Friendly Rentals in Spain: A Tenant's Guide DESCRIPTION: Renting in Spain with a pet? Understand the rules, contracts, and how to find pet-friendly monthly rentals.

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