Tenants’ rights to have a pet

The search for a good home to rent is not an easy job but if you have got a pet, it becomes tricky. Pets Are Not Allowed is the most common avowal that endorses a property rental advertisement irrespective of the state/territory. Each year hundreds of pet owners have to go through separation anxiety just because they cannot find pet-friendly rental accommodation. They maybe forced to surrender their loved pets to animal welfare and rescue organizations just to keep a roof over their heads. From state to state rental laws with respect to pet occupancy are different. Pet ownership brings with it the obligation to adhere to occupancy, not just care. Therefore, it is highly advisable for the pet owners to check different rules and regulations that are applicable in a particular state. Let’s have a brief overview of these laws in different states across Australia, noting that its always best to make full inquiry as to what is needed where the property is located

New South Wales

The Residential Tenancies Act 2010 (NSW) does not have a clause that prohibits pet occupancy or demands landlord’s consent before bringing one. Therefore, in New South Wales households can keep a feline or canine. However, many landlords often include a clause in the lease agreement to restrict pets in the premises and unfortunately there is no ban on them for doing so.
Pet bonds are not lawful and when an agent or landlord demands for additional amount of bonds for keeping a pet, they do not lodge them with the renting services rather keep them in their personal accounts.
Furthermore, the additional terms in the lease agreement that requires professional cleaning and fumigation at the time of vacating the property are only applicable when a furry member occupies the place.

Queensland

Pet occupancy in rental property in Queensland is the sole discretion of the landlord. Pets are only allowed if the tenancy agreement makes a clear mention of it. The agreement may also cover the number and type of pets. Though a separate pet bond is not charged, a tenant must discuss in detail all the terms and conditions before signing the lease agreement. Here, the lease agreement also covers tenant’s liability to clean and fumigate the property upon termination of the tenancy period. According to Queensland Residential Tenancy Authority, just 10% of the state’s rental properties allow pets and this warrants review because for pet owners, their pets are family and they do not want to leave them. Animal Welfare League Queensland quotes that 25% of its intake is from renters’ pets.

Victoria

Renting in Victoria is still not pet-friendly. According to RSPCA, 15% of dogs and cats surrendered are from renters who can’t take their pets to their new homes. Under current laws, “no-pet” clause can be included in the lease agreement. You can accept, reject or negotiate this clause with the landlord. Prior permission of landlord for pet occupancy must be among the terms of tenancy before moving in.
Though the Residential Tenancies Act does not mention pet bonds, if the original weekly rental amount is less than $350, the landlords interested in pet bonds must seek approval from the Victorian Civil Administrative Tribunal (VCAT) to take more than four weeks’ rent as a bond. Pest control may also be required with pet occupancy and this too is often stated in the agreement.

Western Australia

Landlords across most of the Australian states except the Western Australia are not permitted to charge a pet bond. In Western Australia, the tenant is allowed to keep a pet if the lease agreement makes a clear mention of it. A pet bond of one-off payment of $260 can be charged if the tenant is keeping pets capable of carrying parasites later affecting humans. However, this amount can be increased if the weekly rent is more than an amount set by the regulation (i.e. $1,200 per week as at 1 June 2011). However, the tenants cannot be charged of a pet bond for an assistance dog.

South Australia

In South Australia, it is always the landlord’s right to ultimately make the decision about whether pets are allowed or not. The Residential Tenancy Agreement expressly forbids tenants to have pets in the property without the landlord’s consent. Pet bonds are not a statutory requirement in South Australia. There should not be any concealing of the facts and if you have a pet you must declare it before signing the rental terms and conditions.
RSPCA South Australia encourages private landlords, strata corporations and retirement villages to accept tenants with dogs and cats provided the person demonstrates the capacity to care for the pet’s welfare, and not damage the property or prohibit other residents’ use and enjoyment of their space.

Australian Capital Territory

The Residential Tenancies Act 1997 does not restrict a tenant’s ability to keep a pet. The word pet does not appear even once in any of the 136 sections in the body of the act. Letting the property to a pet-owner is the sole discretion of the landlord. However, changes are on the way promoting no more arbitrary discrimination against a potential pet owner just because they don’t own a home. Tenants are of-course liable to pay for the damage done by the pets and the landlords can impose reasonable conditions upon them that pertain to the privacy and peace of surrounding households.

In Summary

Apart from these rules for renting with pets in different states, it is worth remembering that individual apartment complexes may also have their own bylaws. But do not despair, with increasing awareness about the issue across Australia, things are changing for the good of the pet owners and their four-legged companions. Some states like Victoria are actively working to introduce legislative changes to make renting to people with pets easier. Similarly, in South Australia, Real Estate Institute of South Australia and Shelter SA are working hard to advocate and educate about the need for more pet-friendly rental properties. However, real estate developers must play their part by designing pet friendly properties with easy-care interiors. The trend has already kick started in Sydney, Melbourne and some parts of Brisbane. Modern day fully automated pet toileting systems have also contributed in addressing the landlords’ concerns with respect to hygiene and cleanliness.
With evidence of the benefits of having pets in peoples lives, Landlords are also starting to understand that pet owners can be excellent tenants, who are often longer term than non-pet occupants. All of which provides a positive outlook for change, to benefit pets (and their owners).