Can I keep pets in a rented flat in Austria?
It depends on the clause. A blanket general pet ban in the lease is, according to the Supreme Court, grossly disadvantageous and therefore void. Small pets that cause no nuisance — hamsters, guinea pigs, ornamental fish, budgies — are always allowed and cannot be banned. A specifically and clearly worded ban on named animals (e.g. "no dogs or cats") can, by contrast, be valid. A clause allowing pets only "with the landlord's permission" was also held inadmissible by the Supreme Court. With permitted pets you still remain liable for damage and disturbance. In short: small pets yes, dogs/cats only without a valid specific ban.
📋 The rules
- A general pet ban is void
- Small pets (fish, hamsters …) always allowed
- A specific ban on dogs/cats can be valid
- A "only with permission" clause is inadmissible
- You're liable for damage and disturbance
🔓 Exceptions
- Assistance and therapy dogs are specially protected
- Dangerous or highly disruptive animals can be restricted
- Only a specifically worded ban truly binds
⚠️ Penalties & fines
There's no fixed fine — this is civil/tenancy law. Breaching a valid specific ban, or an animal causing serious disturbance, can lead to a warning, a claim to remove the animal, and ultimately court-ordered eviction, plus liability for damage. Beware a myth: "if the lease bans pets, I can't keep anything" is false — a blanket ban is void, and harmless small pets are always allowed; only a specific, clear ban on dogs or cats holds. Tip: have a ban clause checked by the Chamber of Labour or tenants' association if in doubt.
📎 Official sources
- Tenants' Assoc. · living with dog and cat →
- Supreme Court · keeping dogs in a rented flat →
- Chamber of Labour · keeping pets in a rental →
❓ Frequently asked
Can the landlord ban pets?
A blanket general pet ban is, under Supreme Court case law, grossly disadvantageous and therefore void. A specifically and clearly worded ban on named animals such as dogs or cats can, by contrast, be valid and bind you.
Are small pets always allowed?
Yes. Small pets that cause no nuisance, such as hamsters, guinea pigs, ornamental fish or budgies, are always allowed and cannot be banned by contract. They cause neither noise nor damage to the building community.
What about dogs and cats?
Dogs and cats can be banned by a specific, clearly worded clause in the lease. If the contract contains only a void general ban, keeping them may be permissible despite the clause. A permission clause was held inadmissible by the Supreme Court.
Can I be evicted over a pet?
If you breach a valid specific ban or the animal causes serious disturbance or damage, you risk a warning, a claim to remove the animal and ultimately court-ordered eviction. You are also liable for any damage caused.
Are assistance dogs protected?
Yes. Assistance and therapy dogs enjoy stronger protection and generally cannot be excluded. They serve an important function for the person concerned, so a ban is only possible in very limited circumstances.
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