Landlords beware: general ban on pets no longer allowed!

Gepubliceerd op 04/10/2025

As a landlord, you can no longer simply put “no pets allowed” in your advertisements. The Court of Cassation has clearly stated in this regard that such general bans are contrary to tenants’ fundamental rights.

 What has changed?

For example, a real estate agent was previously sanctioned for posting “NO PETS ALLOWED !!!” in a rental advertisement. The Court ruled that this violated Article 22 of the Belgian Constitution and Article 8 of the European Convention on Human Rights (ECHR).

This Article 8 ECHR and the similar article 22 of the Belgian Constitution guarantee the right to private and family life. The ban on keeping pets may constitute a restriction on people’s personal autonomy and, consequently, it must be tested against the right to private life from article 8 ECHR and article 22 of the Constitution.

Importance for landlords:

General pet bans can lead to, among other things:

1. Legal sanctions: As this case shows, estate agents as well as landlords themselves can be penalised by a judge.
2. Discrimination claims: Exclusion of vulnerable groups such as visually impaired people with guide dogs.

Consequently, landlords may not simply impose a general ban on pets.

However, this does not mean that, as a landlord, you cannot impose any restrictions at all. However, you must:

• Take into account the suitability of the property for specific animals;
• Make exceptions for assistance animals such as guide dogs; and
• Avoid formulating general, absolute prohibitions.

As a landlord, what can you still do?

You are obviously not completely powerless! You can still:

• Set specific restrictions: for example, only allow small pets in a flat;
• Impose reasonable conditions: such as a pet deposit or specific insurance requirements;
• Assess suitability: determine which pets are or are not appropriate for your property;
• Damage prevention: make clear agreements about maintenance and possible damages.

Practical tips for landlords:

Do’s:

• Provide a clear pet clause in the lease: determine whether pets are allowed and under what conditions (species, size, number).
• Make exceptions for assistance animals such as guide dogs for the blind.
• Ask for an additional deposit or clarify in the contract that damage caused by pets is entirely the tenant’s responsibility.
• Provide inspection times to check the condition of the property.
• Work with written permission: if the tenant later wants to take a pet, this can only be done with your agreement.

Don’ts:

• Generally worded prohibitions such as “no pets allowed”.
• Absolute exclusions without any exceptions.
• Discrimination against people with assistance animals.

Conclusion

These regulations do not make you lose all control as a landlord. They do make you act smarter and encourage you to be more specific in your approach. By imposing reasonable, well-founded restrictions rather than general prohibitions, you protect both your property and your legal position.

Talo Advocaten assists landlords in drafting watertight tenancy agreements. Please do not hesitate to contact us if you have any further questions on this matter.