RENTAL RULES AND PETS IN AUSTRALIA

RENTAL RULES AND PETS IN AUSTRALIA

With rental property availability being low in many parts of the country, landlords can afford to be picky. Unfortunately, this means many do not allow pets, even though renters make up close to a third of Australians and two-thirds of Australians own pets.

Here is everything you need to know if you are hoping to keep a dog, cat or another animal at your rental property.

Pet rental laws in Australia

The first thing to understand is pet rental laws differ from state to state.

Here’s the breakdown:

NSW laws for pets in rental properties: In New South Wales, no law says you must ask a landlord’s consent to keep a pet on the premises. However, most lease agreements include a clause that bans pets. This means having pets in a rental property is up to the discretion of the landlord or strata committee in NSW.

• Victorian laws for pets in rental properties: In Victoria, tenants/renters who wish to have a pet must fill out a pet request form. Landlords (now referred to as Rental Property Providers) must provide a good reason for the refusal of pets in a rental property.

As shared on the Consumer Affairs Victoria website, “All renters, including those with pets, have a responsibility to keep their rental property clean, avoid damage, and not be a nuisance to others. The rental provider has rights if a pet causes damage or other problems.”

• QLD laws for pets in rental properties: In October 2022, Queensland laws will change so landlords cannot automatically refuse pets in rental properties. Like Victorians, Queenslanders must fill out a pet request form. The landlord has the right to refuse for a number of reasons, including existing body corporate by-laws which prevent pet ownership, if the premises are not appropriate for the pet because of size or security, or if a pet is deemed dangerous.

WA laws for pets in rental properties: In Western Australia, decisions around pets are left to the discretion of the owner and landlord. The rentwest website mentions a pet bond (up to $260 according to current state law), which will cover costs in the event the property needs fumigating after the tenant moves out, for example.

• SA laws for pets in rental properties: South Australia also leaves pets at landlords’ discretion but sa.gov.au provides specific pet application and pet agreement forms.

• Tasmanian laws for pets in rental properties: Tasmanians can only have a pet in a rental property if their landlord has agreed or if it is approved of in the lease agreement.

• NT laws for pets in rental properties: The Northern Territory has no specific laws regulating pets in rental properties

It remains entirely up to the landlord.

• ACT laws for pets in rental properties: With the exception of assistance animals, it is up to landlords in the Australian Capital Territory to approve or deny a request to keep a dog or cat on the premises.

In short, in all states except Queensland and Victoria, pet ownership is in your landlord’s hands (with the exception of assistance animals).

However, there are options you can explore with your landlord or property manager to allow you to have a pet but also keep the home in good condition.

Pet bonds

Generally, getting permission for pets in houses is easier than in units or apartments. You can sometimes pay a little extra on your bond to go towards any possible damage your pet might cause.

Some apartment complexes or units will allow smaller dogs if you pay a bond and understand that they can only stay if they are clean and quiet. You will need to be very responsible when it comes to picking up after them, and ensure your dog is always on a leash when on common property.

The bond for a pet is similar to your rental bond, it will be held in a secure account and used when you move out if the pet is found to have caused damage to the property.

If you agree to a pet bond, take plenty of photos of the home when you move in, especially if there are areas that show signs of wear and tear. This will minimise the risk of disputes when you leave.

Negotiate

Because pet rental laws usually leave the decision to the property owner, it can be possible to negotiate your way into keeping your furry friend.

• You could write up a resume for your pet with reasons why they will be no bother.

• If you have previously lived with your dog or cat in a rental property, you can ask for a positive reference from your previous landlord or housemates if you had them.

• You can offer to sign a contract saying you take full responsibility for any damage caused by your pet.

• Have your landlord or property manager meet your pet so they can see for themselves they are no trouble.

• If you are hoping to get a pet, talk with your property manager or landlord, and you might be able to come to a compromise. See what type of pet they are most happy with, and you may be able to make it work. A smaller dog may be a good compromise.

Looking for a rental property that will allow your pet? Contact our rental team today on 07 5501 4000.

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