Can a landlord ban pets?

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

On December 20, 2024, the Supreme Court issued a important statement made on the admissibility of the statement "no pets allowed" in rental advertisements. The Court ruled that such mentions do not violate Article 8 ECHR and Article 22 of the Constitution.

Case Background

A real estate broker had advertised a property for rent online stating 'no pets allowed!!!'. Both at first instance and on appeal, the broker was disciplined for this by The Professional Institute of Real Estate Agents (BIV).. The IPI ruled that such a general ban on pets violates the right to respect for private and family life, as guaranteed by Article 8 ECHR and Article 22 of the Constitution. The real estate agent was therefore given a disciplinary sanction for a disregard of Articles 1 and 55 of the Regulations of duty doctrine.

Review by the Supreme Court

However, the Court of Cassation held that neither Article 8 ECHR nor Article 22 of the Constitution prohibits stating when offering a private property for rent that pets are not allowed. The Supreme Court therefore overturned the decision of the IPI and referred the case to a differently constituted Board of Appeal of the IPI.

Implications for rent disputes

Although this ruling relates only to the actions of a real estate broker and how he advertised a rental property, it also has implications for the relationship between landlords and tenants.

Indeed, prior to this Court of Cassation ruling, there was no uniformity in Belgian case law on the subject. Several justices of the peace considered a general ban on pets in leases as a violation of the right to private life. Only a ban limited to pets causing nuisance or damage was considered justified. However, justice of the peace will now have to take into account the discussed Supreme Court ruling.

Brussels Capital Region

One note should be made here, however: since November 1, 2024 Article 218/1 of the Brussels Housing Code provides that a provision in the lease prohibiting outright the keeping of a companion animal in the leased property is deemed unwritten. The lease may (i) do link the keeping of companion animals to the condition that there is no nuisance and, in particular, no aggression and (ii) limit the number of animals or species that may be kept based on acceptable reasons.

However, this legal limitation does not apply to the Flemish Region since the Flemish Housing Rental Decree has no similar provision.

Implications for the real estate industry

This ruling clarifies that landlords and real estate agents can state in their advertisements that pets are not allowed in a rental home or apartment, without violating tenants' private and family life rights. However, it is advisable to word such statements carefully and specifically to avoid potential misunderstandings or legal disputes.