Your Rights as a Pet Owner in Austrian Tenancy Law

We, as real estate agents, have delved deeply into matters concerning pets in tenancy agreements, especially when it involves your furry friends. Here, we present to you crucial information within Austrian tenancy law that you, as a pet owner, should be aware of. Our aim is to provide you with clarity and guidance to foster a harmonious coexistence of humans and pets in your rented residence.

• General pet bans in lease agreements are ineffective. Tenants generally have the right to keep pets, even if there are other clauses in the contract.
• A recent ruling by the Supreme Court states that landlords can in principle not reject the keeping of dogs or cats.
• Small animals in a cages, aquariums or terrariums that do not disturb the peace of the house may not normally be banned.
• Exotic, dangerous, or poisonous animals do not have to be tolerated, and certain breeds of dogs (list dogs) can be prohibited in the tenancy agreement.

• Landlords can withdraw permission to keep pets under certain circumstances, such as for serious reasons like persistent complaints from neighbours.
• If the tenancy agreement does not contain any regulations on keeping pets, dogs, cats and small animals are usually allowed, provided they do not affect the quality of life of the neighbours.
• If pets significantly affect the neighbours’ quality of living, the landlord can enforce a ban on keeping them.

• Landlords are not allowed to charge tenants more because of pets.
• Landlords may retain the deposit if demonstrable damage has been caused by pets.
• Landlords can only terminate a tenancy agreement in court if they can prove justified reasons for termination, such as considerable impairment of the quality of living of neighbours.

In case of legal questions about keeping pets in tenancies, tenants can turn to the Chamber of Labour, the Tenants’ Association or the District Court. Individual counselling is recommended in such cases.