Pets are the best life companions. Pets show you unconditional love, and help boost your mood after a long day at work. In this article, we will break down some common questions you may have if you are a pet owner or looking to own a pet in the near future.
Please note that there may be council obligations that apply to you as a renter. Below is an overview. Know your rights on renting with pets.
Can I keep a pet?
There is no term in the Residential Tenancies Act 2010 that prohibits you from keeping a pet, or that requires you to ask for your landlord’s consent before you keep a pet. However, many landlords will include a clause restricting pets in the residential tenancy agreement (i.e. your lease), and there is no specific ban on them doing so. The Tenants’ Union (NSW) believes that such a restriction is a breach of your reasonable peace, comfort and privacy, however this has not been fully tested before a court or the Tribunal.
The standard form of the residential tenancy agreement issued by NSW Fair Trading includes additional terms which require you to have your landlord’s consent to keep animals. Additional terms may be crossed out when you and the landlord sign the agreement, but if they are not crossed out, they will apply to your agreement.
Strata
In August 2021, new regulations relating to keeping of animals and by-laws came into effect for strata laws. Strata schemes may have a by-law about the keeping of animals. A by-law can only prohibit pets where the keeping of an animal would unreasonably interfere or impact on other occupants. The Strata Schemes Management Regulation specifies the range of circumstances that are considered 'unreasonable interference’. Blanket up-front bans on animals are not able to be imposed. The landlord or agent must provide you with the by-laws for the building within 7 days of moving in. See also Factsheet 13: Strata scheme tenants.
Noise and nuisance
All tenants have a responsibility not to cause or permit a nuisance, and not to interfere with the peace, comfort and privacy of a neighbour.
If you have a pet that makes excessive noise, it is possible that this will breach your tenancy agreement. Whether the noise is reasonable will depend on the particular circumstances, including frequency and the time of day.
Other forms of nuisance, like chasing the neighbour, or breaking into their yard, can also qualify as a breach of your agreement. Make sure your home is appropriate for your pet, including reporting any necessary repairs to fences or gates, so as to avoid these issues.
Damage to premises
All tenants have a responsibility to not intentionally or negligently cause damage to premises, and to return the premises in a similar condition as at the beginning of the tenancy.
If your pet causes damage to the premises, by scratching doors or floorboards, it will be your responsibility to fix or pay for the damage. However, the cost of the damage is subject to ‘mitigation of loss’ and ‘fair wear and tear’. See Factsheet 6: Repairs and Maintenance and Factsheet 3: Bond.
Access by the landlord/agent
Your landlord has the right to access the premises without your consent and without you being there only in very limited circumstances. See Factsheet 8: Privacy and Access. If a landlord is aware of your pet and allows harm to come to your pet when they access the premises, for instance by leaving a gate open which the dog escapes through, they may be liable for compensation to you.
Cleaning at the end of premises
Additional terms in the residential tenancy agreement that require you to have the premises professionally cleaned or fumigated when you move out are usually illegal and invalid, but there is an exception where you have been permitted to keep an animal on the premises.
You may only be required to have the premises professionally cleaned or fumigated if it is necessary to rectify an issue. It is not enough that you simply kept an animal – there must be some uncleanliness or infestation as a result. For instance, your landlord cannot require you to fumigate the premises if you kept a goldfish. We are aware of agents claiming cleaning costs without providing evidence of the need to carry out cleaning.
Pet bonds
Landlords and agents sometimes ask for additional amounts of bond (that is, over and above the usual four weeks’ bond) if you keep a pet. These ‘pet bonds’ are often not lodged with Renting Services and instead are kept in an account maintained by the landlord or agent. Pet bonds are not lawful in NSW.
Assistance Animals
It is illegal for a landlord or strata to refuse you keeping an assistance animal, as defined under the Companion Animals Act 1998 (NSW). Assistance animals are specially trained and need to be registered to assist a person with a disability.
If you are told you cannot keep an assistance animal, consider a complaint through either Anti-Discrimination NSW, or the Australian Human Rights Commission. See also Factsheet 17: Discrimination.
Here is a summary of the key characteristics in each state that provides a guide to the laws around pet ownership and rental properties
New South Wales
Higher bonds cannot be charged for tenants with pets or children.
Victoria
If a rental provider believes that it is reasonable to refuse consent to a pet living in the property, they will have to seek an order from VCAT to refuse the pet.
Queensland
Before renting a property, a tenant should seek permission from the property manager/owner to keep a pet.
A tenant can only keep a pet on the property if the tenancy agreement states pets are allowed. It may also state the number and type of pets that may be kept and whether the pet can be kept inside or outside the property.
Tenants should consider if the property is suitable for pets (e.g. enough room, fencing, pet doors) and if their pet could cause any damage to the property (e.g. torn screens or lawn damage).
A separate pet bond cannot be charged.
Rental laws changes are commencing 1 October 2022. Changes to renting with pets will allow a property owner to refuse a pet only on prescribed reasonable grounds. There are clear rules in relation to renter’s requests for pets.
We hope that this has helped you understand what your rights & responsibilities as a pet owner are when it comes to renting.
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