Despite OGH ruling

Finding accommodation is often a horror for pet owners

When looking for an apartment, you often come across a sentence: "No pets allowed!"

(Bild: adobestock.com plus Screenshots Willhaben, Krone KREATIV)

The Supreme Court has long since ruled that the keeping of pets should not be prohibited across the board in rental agreements. However, this has not (yet?) reached the real housing market: Dog owners in particular report horrendous experiences when looking for a new place to live.

A "Krone" reader spent two and a half months searching for an apartment around Lake Attersee in Upper Austria on platforms such as willhaben.at and Immoscout. The 52-year-old, who wishes to remain anonymous, had a great job offer in the area and wanted to move from Burgenland.

"I'm a quiet tenant," she says, "I like it clean and don't party. Nevertheless, I received more than 60 rejections when I was looking for an apartment." The reason: the native German has a knee-high, 13-year-old mongrel dog. And landlords on Lake Attersee want tenants without pets. According to the dog owner, an estate agent has also confirmed to her that hostility towards dogs has increased.

A dog brings life into the house - but it doesn't necessarily make moving easier.

(Bild: Marko Ristic/Zamrznuti tonovi)

"Wasn't even allowed to introduce myself"
Her already elderly four-legged friend was rescued from a killing station, hardly ever barks and sleeps around 20 hours a day. "Most of the time, I wasn't even given the opportunity to introduce myself to my dog."

Upper Austria: more skepticism towards dogs
In Upper Austria in particular, the public mood towards dogs is generally rather tense at the moment. The reason for this was the fatal bite attack by several dogs on a jogger in Naarn.

The Dog Keeping Act has recently been revised - in the first draft, six breeds are classified as dangerous and there are to be special regulations for all large dogs. This is unlikely to make it any easier to find accommodation, especially with listed dogs.

No apartment found - job canceled
The "Krone" reader therefore had to cancel her dream job at Lake Attersee. She is staying in Burgenland with her dog. "That really frustrated me a lot! On the other hand, I do have a certain amount of sympathy for the landlords, as more and more dog owners are attracting negative attention." Although the "Krone" reader has made peace with the failed move, she wants to draw attention to the issue of finding accommodation with a dog. 

Others had a similar experience - Fiona Lessmann from Vienna was looking for an apartment with a large St. Bernard mix dog and also received one rejection after another. Once the deal even fell through shortly before the lease was signed because the landlady thought the four-legged friend was too big. Lessmann still found a place to stay in the end: "Even though we once received a note telling us to keep the smelly dog away from the common areas - anonymously, of course ..."

Fiona Lessmann from Vienna searched together with her St. Bernard mix dog.

(Bild: zVg)

Blanket dog ban is not valid
According to the Supreme Court, it is not permitted in Austria to prohibit the keeping of pets in general. A standard clause in the rental agreement, such as "Dogs and small animals may only be kept with the written consent of the landlord" violates Section 879 (3) ABGB. In 2021, a further improvement was made: keeping dogs may not be prohibited without further ado, but only if there are "comprehensible concerns".

According to the Supreme Court, keeping animals is "regularly permitted" as long as it does not go beyond what is normal. This would be the case, for example, if you want to breed animals in your living space. Please note: However, this does not mean that keeping dogs and cats is permitted everywhere despite a ban in the tenancy agreement, but only that it must be checked on a case-by-case basis. General bans are not permitted, but individual bans are.

Am I allowed to keep a dog?

• There is nothing in the tenancy agreement: keeping common pets such as dogs and cats is therefore permitted.
• Keeping animals is generally prohibited in the rental agreement: Not permitted according to the Supreme Court. Even if you have signed this prohibition clause in the tenancy agreement, you are still allowed to keep pets. Only in justified individual cases could pets be generally prohibited. Small animals are permitted in any case.
• Certain animal species or breeds are prohibited in the tenancy agreement: This prohibition is effective. However, tenants who violate this prohibition cannot be terminated, but can be sued for injunctive relief.
• Clauses such as "The keeping of pets is only permitted with the approval of the cooperative or the co-ownership" are not permitted according to the Supreme Court.
• If the tenancy agreement expressly refers to the house rules and a ban on pets is stipulated therein, the tenant must comply with them. A ban on small animals in the house rules would not be effective.

Source: Tenants' association

Landlords have recently become more aware of the issue of dogs, says Elke Hanel-Torsch from the tenants' association. While private tenants in particular often still use old tenancy agreements with invalid clauses out of ignorance, professionals know the law inside out. "And if you really don't want dogs in the house, you write the individual ban into the contract - and that is effective," says Hanel-Torsch. If, for example, formulations such as "animal species such as dogs", "no cats" or "only one pet" are used, then the tenant must abide by them.

Change the landlord's mind?

• Don't just insist on legal regulations - the landlord will simply choose someone else.
• List the advantages: The dog is alert and provides a better sense of security in the house.
• Disprove prejudices: Take the dog to viewings and show how clean and well behaved it is. Ideally with proof of a dog license.
• Mention dog liability insurance: This pays out if the dog causes damage to the home.

According to Elke Hanel-Torsch, it is true that the mere violation of the no-parking rule does not lead to the tenant being evicted. However, the landlord could successfully sue for an injunction against keeping the dog - in this case, you have to give up the animal if you do not want to move. The situation is different if the four-legged friend is causing problems, such as constantly barking - this would then be "unpleasant behavior" and grounds for termination.

Have your tenancy agreement checked by an independent body for inadmissible clauses.

Elke Hanel-Torsch, Vorsitzende der Landesorganisation Wien der Mietervereinigung

"In principle, tenants and landlords should know their rights - just because someone owns a property doesn't mean they can prohibit everything," says the expert. "We recommend that everyone has their tenancy agreement checked - because if the clauses used are inadmissible, you don't have to abide by the ban either."