Keeping pets in your apartment: Rights and obligations
Pets are part of everyday life for many people and are often an integral part of the home. However, there are a few rules you need to observe when it comes to keeping them in a rented apartment. In Switzerland, whether and under what conditions pets are allowed in a rental apartment depends primarily on the rental agreement and the type of animal. There are also rules on animal welfare and liability that pet owners should be aware of.
What pets are allowed in an apartment?
Small pets are always allowed in rented apartments, but dogs require the consent of the landlord or landlady, depending on the rental agreement. Keeping pets in an apartment is subject to two sets of rules: the rental agreement and animal welfare law. Under tenancy law, the size of the animal and its potential for disturbance determine whether consent is required.
- Permitted without consent: hamsters, guinea pigs, rabbits, parakeets, canaries and ornamental fish. These small animals are also permitted if the rental agreement generally prohibits pets. There is a limit on an unusually large number of animals.
- Generally allowed: indoor cats. Today, they are also regarded as trouble-free small animals as long as they do not leave the house.
- Requiring consent, depending on the rental agreement: outdoor cats. If the rental agreement requires consent to keep pets, this also applies to outdoor cats.
- Requiring consent: dogs and other large animals, provided the rental agreement includes a clause to this effect.
- Practically excluded: exotic animals with particular potential to disturb or pose a danger, such as snakes or spiders. A general license for keeping animals would never cover these types.
As soon as the apartment's building fabric is altered to keep a pet, such as the installation of a cat flap or a permanently installed aquarium, consent is required regardless of the animal species. Always ask for this in writing.
What are the requirements of animal welfare law?
The Animal Welfare Act (AWA) and Animal Welfare Ordinance (AWO) apply in addition to the rental agreement and cannot be contractually disregarded. There are three key points for keeping pets in your home:
- In principle, social animal species such as guinea pigs or budgies must not be kept individually.
- Cages, aviaries, aquariums and terrariums must meet the AWO's requirements on minimum dimensions and equipment.
- For certain wild animals, you need an ownership license from the cantonal veterinary office, sometimes together with a certificate of competence and an expert opinion. The license must be obtained prior to purchase.
Who is liable if an animal injures people or third-party property?
In principle, the animal owner is liable for injury or damage caused by their animal. This also includes damage to a rented apartment, such as scratched parquet flooring.
Determining the pet owner depends on the individual case. Above all, the decisive factor is who looks after and cares for the animal on a permanent basis. If another person only looks after the animal for a few hours, the actual pet owner usually remains responsible. If this is a longer-term arrangement, the person caring for the animal can be regarded as the pet owner.
Liability does not necessarily require individual fault. According to Art. 56 of the Swiss Code of Obligations (SCO), however, it does not apply if it can be proven that all necessary due diligence measures were complied with or that the injury or damage could nevertheless not have been prevented. This is called exonerating evidence.
The strictness of the requirements for exonerating evidence also depends on the animal. It is high for dogs and usually lower for cats. An outdoor cat, for example, can hardly be controlled. As a rule, the person who owns the cat does not have to pay for any damage that a cat causes when it is out and about.
In the case of dogs, cantonal and communal regulations also apply, such as a leash requirement or requirements for training and registration. Those who comply with these regulations and can document this will be better able to demonstrate the required due diligence.
What insurance covers injury or damage caused by a pet?
Usually, personal liability insurance covers these claims. The insurance covers injury to third parties who do not live in the same household, as well as damage to the rented apartment, such as scratched parquet flooring. In several cantons, liability coverage is mandatory for dog owners, in some cases with a prescribed minimum amount of coverage. You should therefore check the cantonal regulations and your policy.
Frequently asked questions about keeping pets in the home
Do I need consent from the landlord or landlady for a dog or cat?
For a dog, you need permission as soon as the rental agreement includes a reservation of approval or a ban on pets. A pure domestic cat is usually a small animal and is allowed without permission. Depending on the rental agreement, permission may also be required for an outdoor cat, even if no structural changes are made and the cat goes outside through an existing door, for example. Regardless of this, the landlord’s consent is required to install a cat flap.
Can landlords prohibit tenants from keeping pets?
Yes, depending on the rental agreement and the type of animal, landlords can restrict or prohibit the keeping of pets. However, such a ban does not apply to trouble-free small animals. If the rental agreement requires consent for an animal, your landlord will decide whether they consent to you keeping a pet.
Once consent has been given, it cannot be withdrawn without good cause. Conversely, under Art. 257f SCO, the landlord can issue a warning and terminate the tenancy in the event of a repeated occurrence if an animal is kept without the contractually required license or if it significantly disturbs the peace of the house due to noise, smell, or contamination of common areas. You should therefore obtain permission in writing or add a supplement to the rental agreement on keeping an animal.
Differences of opinion with your landlord can often be resolved in a face-to-face conversation. But if there’s a legal dispute, tenant legal protection from AXA-ARAG offers initial legal advice and covers lawyers’ fees and court fees, among other things.
When does legal advice on animal law make sense?
Legal advice is particularly worthwhile in the following situations:
- in the event of termination because a pet has been kept in the apartment
- if consent to keeping animals is refused or subsequently revoked
- for disputes over liability and loss amount following an incident
- in the event of disputes between neighbors due to noise or odors
In these cases, legal protection insurance covers the costs of lawyers, courts, and expert opinions.
Written by:
Nadine Graf
Nadine Graf is a theme manager and writes texts for AXA on topics related to insurance and beyond.
