The debate over pet ownership in rental properties has raised numerous questions for landlords and tenants in Spain over recent years. Although Law 17/2021 recognised animals as sentient beings, this legislation does not require landlords to allow pets in their rented properties, leading to ongoing controversies and complex situations for those wishing to live with their animals.
As of 2025, Spanish law continues to grant landlords the authority to impose restrictions on animals in their properties. If a tenancy agreement contains a clause specifically prohibiting pets, the landlord has the legal right to enforce this and may even initiate proceedings to terminate the contract if the tenant breaches the condition.
This contrasts with the Horizontal Property Law, which prevents homeowners’ associations from banning pets in flats. Therefore, while an individual property owner can restrict animals through contractual clauses, neither neighbours nor the community can veto pets in the residence.
Spanish legislation in 2025 has not introduced substantial changes regarding pets in rented properties. The Official State Gazette (BOE) has not published provisions obliging landlords to accept animals, leaving the matter to contractual autonomy between the parties.
It is worth noting that the Civil Code reform under Law 17/2021, which came into force over three years ago, represented a significant step forward by recognising animals as sentient beings rather than mere objects. However, this change did not alter the basic rules of tenancy contracts nor limit the landlord’s ability to set conditions for the use of their property.
Experts in property law point out that, unlike other European countries with specific legislation on the issue, Spain maintains a more traditional approach, prioritising contractual freedom and the landlord’s right to decide the conditions for using their property.
For tenants wishing to keep pets in a rented property, it is essential to carefully review the contract before signing. If there is no explicit prohibition on animals, there is technically no legal barrier to keeping a pet, although specialists recommend notifying the landlord to avoid future conflicts.
If the contract is already signed and makes no mention of pets, questions arise over whether an animal can be added later. Recent Spanish case law suggests that in the absence of a specific contractual prohibition, tenants may be entitled to keep a pet, provided it does not cause significant disturbance or damage to the property.
Tenants must also be aware that they are responsible for any damage caused by their animals. According to the College of Property Administrators, in 2024 there were more than 3,500 claims in Spain related to pet-related damage in rented properties, a 12% increase from the previous year.
Various solutions have emerged to balance landlords’ concerns about potential damage with tenants’ desire to live with pets. One common approach is the inclusion of an additional pet deposit, serving as a guarantee against possible damage.
Other options include contract annexes detailing the tenant’s responsibilities regarding the animal or specific insurance policies covering potential pet damage. According to a January 2025 study by the property portal Idealista, around 35% of Spanish landlords would consider allowing pets if these protective measures were implemented.
It is also possible to negotiate contract amendments to allow pets under certain conditions. Data from the Association of Rental Property Owners indicate that in 2024, around 22% of contracts in Spain included negotiated clauses on pets, specifying limits on number, size, or type of animal permitted.
Although there is currently no legal obligation for landlords to accept pets, animal protection groups and tenant associations are pushing for more favourable legislation. In February 2025, a proposal was submitted to Congress to amend the Urban Leases Law, aiming to limit landlords’ ability to impose blanket bans on pets.
The proposal, still in preliminary stages, suggests that landlords should not be able to prohibit pets without objective justification, such as the size of the property, the characteristics of the animal, or a prior history of problems. According to a March 2025 survey by the Centre for Sociological Research, 68% of Spaniards would support some form of regulation to facilitate pet ownership in rental flats.
Meanwhile, some autonomous communities have begun developing their own initiatives. Catalonia, for example, approved in December 2024 a guide of good practices to encourage agreements between landlords and tenants on pet ownership, recommending adaptations to properties and responsible coexistence with companion animals.