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Tenancy and Neighbouring rights for animals

Animal husbandry in rented flats is also a frequent point of contention in the area of tenancy law, and noise nuisance caused by animals is a problem under neighbouring law that is nowadays really common.

As fellow creatures, animals have played and continue to play an important role in human life – whether as farm animals or pets. Both legislation and jurisprudence have taken this fact into account.

Due to the complexity of this particular matter, it is advisable to seek legal advice. Do not hesitate. Contact Horak Attorneys at law!

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Tenancy Law

If the rental agreement does not contain any provisions on animal husbandry, the keeping of small animals is permitted, provided, however, that they do not cause any disturbance or nuisance (e.g. dwarf rabbits, goldfish or canaries).

Decisive for the admissibility is the size, volume, danger or disgust of the animal. The number of animals is also decisive. In principle, every animal husbandry right should also be regulated in writing with the landlord, since the legislator does not have a uniform regulation. The landlord may not pronounce a prohibition arbitrarily or unjustifiably.

Neighbouring Laws

If the animal poses a threat or is a source of noise nuisance, neighbours may request that the animal be removed.

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