Is it possible to go upstairs with the dog in the elevator?

Is it legal to force a landlord to go upstairs to his apartment with his pet?

You live on the sixth floor of an apartment building and you have a dog. What would you do if you took him out to work for the poor? If you wish, you can go down the stairs on the outer ride. But on the way back? You do it on six floors or every time Can you take the elevator with the dog? Of course, it can save you some effort.

The problem is normal, when you’re in a condominium: you can’t expect all neighbors to have the same kind of sensitivity and availability to pets. Some may argue that it is your right Take the elevator with the dog It’s the equivalent of not entering the cabin with her unknown creature, which she doesn’t like and which probably sniffs her and licks her pants. How do you do that? Which of the two is correct?

The law and the condominium regulation say so. There are no rules for keeping pets at home. But nothing was said about the elevator. So we come to the argument: if you have a dog and you are on the sixth floor, does that mean you can go upstairs every time you go out with him? We see.

Dog in the elevator: Condominium regulations

Occupied in 2012 marked an “before” and an “after” Pets Condominium: With reform, no regulation can do it anymore No dogsA cat, a canary for companionship in your own apartment.

Truth be told, in only one case Regulations You can predict this prohibition: whatever it comes down to Unanimously approved, I.e. by all condominiums, both at the meeting and at the time of signing the deed of purchase of separate apartments. Clearly, if the regulations collect the consent of all the neighbors in the building, it means that none of them have a dog and do not even plan to take it, otherwise they will vote against and the ban will fall.

There will be a second exception, but it has nothing to do with regulation: it is so-called Article of the contract, That is, the owner of an apartment can prohibit his tenant – even after the 2012 renovation – from keeping pets at home. But, in fact, here we are talking about the terms of a lease agreement, not the condominium regulation.

It should be remembered that pet owners need to follow strict rules Safety and hygiene. Dogs should always be kept on a blanket and common areas of the building should be avoided. And it has elevators. Does this mean that if you have an animal that is always clean, well behaved and protected on a shirt, you can take it to the elevator?

What the Civil Code does not say, what it has Reform of condominiumHow to move a dog from downstairs to the apartment You can take the elevator With him. And, as often happens, when the law leaves a void, everyone interprets things according to their own criteria.

Dog in the elevator: What the court says

Judges’ standards do not always match. And it happened when they were called in to answer our questions: “Is it possible to take a dog in the elevator?“According to the Manja court, no [1]. Lombard judges believe the dog must climb the stairs and if he enters the elevator cabin with the owner, the next one must pay a fine. The same curiosity arises here: it is legal for the Manja court to keep the animal at home but not to take it to the elevator.

The Cagliari Court has the opposite view [2]: For the reason, the Sardinian judges argued, the right to keep a pet should be increased for the possibility of avoiding taking the ladder every time and therefore, Take the elevator with the dog. At most, it will need to hold him with a notch and a mouth.

Of course, at the moment the problem mentioned above occurs: the dog at home is yes, in the elevator number. This means, for example, that whenever a blind person leaves the house, he has to go upstairs with a guide dog, or call someone on the intercom or phone, and pick up the dog. House. He is climbing the stairs to the elevator.

The same applies to people with disabilities or older people: will they be forced to give the dog a course so that the owner learns to get to the front door by himself when he brings the elevator (perhaps avoiding barking at strangers)?


Note:

[1] Manjar has been sent to court. Of 28.03.2017.

[2] Sent to Cagliari Court. Of 22.07.2016.

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