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Roman Adkins

Question:

Dear Myriam,

I've already moved to Belgium and rent an apartment in Gent, the apartment is not furnished.
I noticed that in my contract is a rule there are no pets allowed. But I'm gonna to rescue the dog anyway because I grew up with animals all my life and statement that animal that no animals allowed is ridiculous. I lost my Yorkie Terrier 3 months ago I just need some time before I adopt another dog. I work 5 days a week and volunteer at an animal shelter during the weekends. My mother is at home all the time by the way, so the dog will never be alone. I just want to know does the landlord allowed to come to the apartment with the police or so to take a dog away from me because if I rescue a dog I definitely not give him away or back to the shelter.

Regards
Roman Adkins

by Roman Adkins on 09 Jan 2018
Myriam Friedmann

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Answer:

Dear Roman,

Legally, an owner is not allowed to forbid his tenants to have an animal as this is private life. However, if you have accepted the clause in the contract it can become a sensitive subject and the final decision could depend on a judge, who likes or dislikes animals.
Some cases of have been put before judges. The basic law states that having a pet is a private matter, and the owner cannot prevent you from this, UNLESS the pet disturbs the neighbours, i.e. constant barking, making common parts dirty, etc… In such cases the judge can order you to part with the animal. Nobody can walk into your place and seize the animal.

I am an animal lover myself and fully understand your position and feeling. What I would recommend, if you have good relationship with your owner is that you talk to him/her and explain you will take the dog, but it will not be left alone, it will be a small one (?), it will not damage the place and your mother will look after the pet all the time you are away. See what he says. The ideal would be he accepts and the issue will be closed. If you feel he will be adamant on the subject, it will be up to you to decide if you want to let him know prior to taking the dog or if you prefer leaving it until he notices and see what happens.
To answer your question precisely, the owner cannot walk into your place for any reason, without warning you before and making an appointment if he has a good reason, technical repairs for instance, or a yearly viewing of the place to see if you keep it in proper condition

Again and again, when one signs a lease, it is so important to read it thoroughly before singing and accepting clauses you regret after. What’s done is done, I wish you all happiness with your lucky rescued dog !

Myriam

by Myriam Friedmann on 12 Jan 2018

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