Pets & House Rules: Tenant Rights Austria

Tenant Rights for Pets

As a tenant you have protections under the Mietrechtsgesetz (MRG)^[1] and general contractual tenancy rules. Not every clause in a lease is automatically valid; courts often test proportionality. Here you will learn what is common, what obligations you carry and when a landlord may require consent.

When can a landlord prohibit pets?

A prohibition is more likely justified when concrete reasons exist: significant nuisance, danger to other residents or repeated damage. Blanket bans without differentiation can be challengeable. Small domestic animals are more often tolerated, larger dogs less so.

Obligations and Conduct

As an animal owner you must be considerate, compensate for damages and follow community rules. In conflicts clear communication and documentation help.

• Obtain the landlord's written consent
• Document damages and offer compensation
• Observe noise protection and cleanliness
• Follow rules for shared areas

Practical steps

Here is how to proceed if you want to keep a pet or avoid conflicts:

1. Gather documents and photos about the apartment condition and the animal
2. Write a consent request explaining the reasons
3. Document delivery (registered mail or proof of service)
4. If refusal persists consider mediation or court action at the district court^[2]

FAQ

Do I always need the landlord's permission to keep a pet?

Not always, but often: many rental contracts require consent. If no clause exists the situation depends on the individual case and it is worthwhile to ask in writing.

Can the landlord terminate the lease without notice because of a dog?

Only in cases of serious breaches and after a warning; summary terminations are justified only in exceptional situations.

How-To

1. Collect evidence: photos, expert reports, vaccination record of the animal
2. Draft a short letter requesting consent
3. Send the letter with proof of delivery (registered mail or proof of service)
4. If necessary, consider legal steps at the district court or mediation options

Help and Support / Resources

• Mietrechtsgesetz (RIS)
• Information on courts and procedures
• JustizOnline: forms and e-services

1. [1] RIS – Mietrechtsgesetz (MRG)
2. [2] JustizOnline – Court forms