My tenant has an unauthorised pet
Catherine, a landlord in Namur, discovers her tenant has a 40 kg German Shepherd in a flat where pets are prohibited. Resolution and case law.
- 01 The discovery
- 02 The legal dilemma
- 03 The negotiation
- 04 The addendum
- 05 Lessons learned
July 2025 — the discovery
I have owned a 2-bedroom flat on the 4th floor of a small building in Namur since 2016. My tenant, Julien, 35, a specialised educator, has been living there for 2 years on a standard residential lease. Rent: EUR 780 per month. The lease contains a clear clause at Article 11: “No animals are allowed in the property.”
On 10 July I scheduled a technical visit to investigate a leak reported in the ceiling of the flat below. Julien opened the door. Behind him, a 40 kg German Shepherd looked at me with curiosity. The flat smelled of dog. The living room parquet showed visible scratches.
“That’s Max, I adopted him in March,” Julien announced, as if it were the most natural thing in the world. 4 months that this dog had been living in a 4th-floor flat where pets were prohibited by the lease.
Discovering a 40 kg dog in a flat where pets are prohibited is infuriating. But do not make eviction threats on the doorstep. Go home, reread the lease, and respond in writing after reflection.
July 2025 — the legal dilemma
On 12 July I consulted a lawyer specialising in leases. The answer surprised me: the situation is less straightforward than it seems.
Yes, the lease prohibits pets. But Belgian case law has evolved. Several justices of the peace have held that a total and absolute pet ban was disproportionate with regard to the tenant’s right to private life. A cat, a goldfish or a small dog generally pose no problem.
However, a 40 kg German Shepherd on the 4th floor without a lift is a different case:
- Risk of noise nuisance (barking)
- Risk of damage (scratches already visible)
- Animal welfare concern (large dog in a flat without a garden)
- Risk to other occupants (common areas, staircase)
The lawyer advised me not to go to court seeking the removal of the dog. The judge might refuse if the animal caused no proven nuisance to neighbours. Better to negotiate an addendum with strict conditions.
On 15 July I sent a formal notice by registered letter citing the lease clause and requesting a meeting within 10 days to discuss the situation.
July-August 2025 — the negotiation
On 25 July I met Julien in the flat. Max was indeed calm and well-trained. Julien explained he had adopted him from a shelter, that the dog was his daily companion, and that he could not part with him.
I set my conditions:
- Pet liability insurance taken out within 15 days
- Additional deposit of EUR 500 to cover potential damage (within the legal limit of the rental deposit)
- Repair of parquet scratches before the end of the lease (or deduction from the deposit)
- No-nuisance commitment: if documented repeated neighbour complaints about barking are received, the dog must leave the property
Julien accepted conditions 1, 2 and 4 without hesitation. For condition 3, he proposed having the damaged area sanded and varnished immediately at his expense. I brought in a parquet specialist: quote of EUR 350 for restoring the scratched area.
On 10 August the parquet specialist carried out the work. Julien paid directly. The parquet was as good as new.
August 2025 — the addendum
On 20 August we signed a lease addendum formalising the agreement:
- Permission to keep Max (German Shepherd, identified and vaccinated) in the property
- Compulsory pet liability insurance, annual proof to be provided
- Additional deposit of EUR 500 paid into the blocked account
- Obligation to repair any damage caused by the animal within 30 days
- Revocation clause: in case of documented neighbour complaints (3 complaints in 6 months), the permission is revoked
The addendum was annexed to the existing lease agreement.
Factual summary: 6 weeks to resolution. EUR 350 parquet repair at the tenant’s expense. EUR 500 additional deposit. Pet liability insurance in place. No neighbour complaints since August. Max is calm, Julien is grateful, and my interests are protected.
What I learned
Three lessons for any landlord facing an unauthorised pet:
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Review your pet clause. A total ban is legally fragile. Since this experience, I write in my leases: “Pets over 10 kg or exotic animals require the landlord’s prior written consent.” This is proportionate, clear, and robust before a judge. A well-drafted online lease allows you to include this type of clause.
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An addendum protects better than court. Had I asked the judge to remove Max, I would probably have lost (no proven nuisance). The addendum with conditions gives me an enforceable framework: if Julien does not comply, I can act immediately.
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Separate emotion from reason. A 40 kg dog in a 4th-floor flat can be alarming. But Julien is a serious tenant who pays his rent and maintains the property. Losing a good tenant over a calm dog would have been a poor decision both financially and humanely.
Other real-life cases: The tenant did renovations without permission and The tenant doesn’t respect the co-ownership rules.
- “**A pet prohibition clause is not absolute.** Belgian case law considers that a total and generalised pet ban may be deemed unfair. Courts distinguish small pets (cat, fish) from large dogs likely to cause actual nuisance.
- “**Favour a restrictive clause over a total ban.** Rather than 'no pets allowed', write 'animals over 10 kg require the landlord's prior written consent'. This is more proportionate and legally more robust.
- “**Negotiate an addendum with conditions rather than a confrontation.** A tenant who is attached to their dog will go to court and may win. An addendum with conditions (additional deposit, pet liability insurance, repair obligation) better protects your interests.
Week-by-week timeline
Frequently asked questions
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In theory yes, but Belgian case law is nuanced. A total prohibition clause may be deemed disproportionate, especially for small pets that cause no nuisance. Justices of the peace assess on a case-by-case basis, considering the size of the animal, the type of property and the actual nuisance.
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If the lease contains a valid prohibition clause and the animal causes actual nuisance (noise, damage, odours), the landlord can require its removal by formal notice, then apply to the justice of the peace. But if the animal causes no nuisance, the judge may refuse to order its removal.
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Yes, the landlord and tenant may agree on an additional deposit by lease addendum to cover potential pet-related damage. This supplement may not exceed the legal deposit ceiling (3 months' rent if in a blocked account).
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Pet-related damage is the tenant's responsibility, just like any other damage. The landlord can have it recorded during the exit inventory and deduct it from the rental deposit. During the lease, a formal notice can require immediate repair.
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