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Tenants Guide to Renting With Pets

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    Finding a great rental property can already be a chore in and of itself, but adding a pet to the mix can make things even more difficult. There are some landlords who are certain that tenants should not be allowed to have pets, and some local rules for apartments forbid the presence of any animals at all, with the sole exception of service dogs.

    On the other hand, attitudes are swiftly changing in Australia despite the fact that the country has one of the highest rates of pet ownership in the world.

    Renters who have pets ought to have an easier time of it, in our opinion. 63% of households in Australia have at least one pet, and the country's legal system is gradually adapting to reflect this reality.

    Numerous state governments are currently advocating for property managers to permit pets, frequently with additional minor bonds being levied in the event that any damage occurs. In addition, many apartment complexes are relaxing their pet policies for appropriate species, such as small dogs, cats, and reptiles.

    How to persuade property owners to accept pets

    When looking for a new rental property, prospective tenants have numerous options available to them to bolster their case that they should be permitted to bring their companion animal with them. Sammy, a stunning staffy-cross who is owned by graphic designer Nic Middenway, is well-known in the eastern suburbs of Sydney for strolling around with one of her favourite handbags from a collection of twenty. Nic Middenway has a collection of twenty handbags for Sammy to choose from.

    Because of her endearing personality, exquisite taste in accessories, and polite demeanour, landlords adore her. Middenway, 59 years old, adds that Sammy is an unwavering priority for her whenever she looks for a new place to call home. Although there are some locations that do not allow pets, I believe that the majority of places are starting to become more pet-friendly.

    In most cases, there is a process that you are required to go through, which may include completing out pet application paperwork for apartment buildings and landlords as well as conforming to certain laws. Obviously, each and every dog and other creature is one of a kind, but there are some dogs that I'd prefer live with than other people on occasion!

    Sammy, who is just seven years old, is presented with a curriculum vitae, pictures, and a list of references from people who can attest to her impeccable manners and moral character by Middenway in support of his application. While in the process of acquiring an apartment in Rushcutters Bay, he claims to have realised that telling the truth is always the most prudent thing to do.

    He encourages everyone who owns a pet to be honest and forthright about their animals, and he cautions against misrepresenting them as something that they are not. In addition, each and every regulation is different from one apartment complex to the next.

    "One that I am aware of has a weight limit for pets, which I have always thought was a little strange. It's possible that a puppy will be pretty light when it's young, but as it grows older, it could wind up being significantly heavier. So what do you do? Do you ever take it away from having food?

    If a conscientious pet owner approaches them with excellent recommendations from previous landlords, many landlords who do not explicitly promote their properties as pet-friendly will still grant the request. This happens even though the landlords do not advertise their properties as being pet-friendly. The strata regulations of some apartment complexes, which previously did not allow dogs and are now considering changing that policy, are being rethought.

    According to Nadia Crighton of Pet Insurance Australia, "from state to state the regulations are vary in relation to permitting pets into flats and rental homes, so it's always crucial for pet owners to examine what rules could effect them and their cherished pet."

    A significant number of hardworking and conscientious pet owners struggle with the challenge of locating a rental that is acceptable for their animals. In comparison to other countries, the percentage of people who keep pets is particularly high in Australia. It is time for there to be a genuine paradigm shift in order to provide more people who own pets with access to dependable and secure housing.

    She proposes suggesting to put an additional condition in a lease that would require carpet cleaning once a year, correcting any potential damage, or a pet bond. She also suggests compiling a curriculum vitae for your pet, in which you should describe how well-trained the animal is and include recommendations from former landlords and neighbours.

    You shouldn't let the fact that a home isn't specifically advertised as being pet-friendly stop you, either. Her recommendation is to ask a lot of questions. "A lot of times, property owners choose not to advertise that they allow pets when, in reality, they do — for the right owner. Therefore, make sure to ask questions in an open-ended manner.

    Make sure your pet is not a problem, of course, and. Call in the professionals for assistance if you experience any behavioural problems, like as barking, digging, or escaping.

    Laws in each state governing pet rentals

    Each state has its own regulations regarding pet rentals, but it's important to keep in mind that specific apartment buildings might have additional rules.

    NSW

    Although it is not illegal to own pets, Fair Trading NSW's standard residential rental agreement offers an optional clause demanding the landlord's approval, limitations on the kind of animal, and a clause stating if the carpets must be properly cleaned. Complexes of apartments and townhomes have their own ordinances.

    Victoria

    As a result of modifications that were made to the state's tenancy rules the previous year and that will go into effect later this year, it won't be long before every renter in Victoria will be entitled to have a pet in the home that they rent. Because tenants will be able to appeal decisions made by landlords to the Victorian Civil and Administrative Tribunal (VCAT), it will be significantly more challenging for landlords to fulfil their obligation to grant permission. Landlords will also be required to demonstrate that they have a compelling argument in order to avoid having their decisions overturned.

    Queensland

    By the middle of this year, the state administration plans to make significant modifications to the tenancy statute in order to make it easier for renters to have dogs. At the moment, it is believed that one in ten rental units accept pets; nevertheless, landlords have the right to refuse tenants' requests to do so and must first get authorisation. Because of the new restrictions, it is now much more difficult to decline requests, unless there are very compelling reasons to do so.

    South Australia

    Pet ownership by tenants is subject to landlord approval, though more and more landlords are now open to the idea. There is no provision for pet bonds, although the majority of landlords will need the signing of a document outlining the regulations to be followed, such as no loud barking.

    ACT

    This year, the government of the ACT will implement new legislation to limit the ability of landlords to prohibit dogs from their properties, unless the landlord can give "acceptable" explanations for doing so. The first thing that has to be done is to make it possible for renters to have pets in their homes while also requiring that any damage caused by the pets be fixed when the lease is up.

    Western Australia

    Most residential rental agreements that allow dogs also contain pet deposits, and the legislation places a cap on the amount that can be charged to cover the cost of fumigation at the conclusion of the lease. This cap is set at a maximum of $260. The right to have a pet is required to be granted by the landlord, and the lease must expressly acknowledge the presence of a pet.

    Northern Territory

    It is up to the landlord to decide whether or not tenants are allowed to keep dogs in the rented area. Despite this, tenants who have a no-pets clause in their leases can petition the NTCAT to change the clause or have it removed entirely if they believe that the clause is overly restrictive or burdensome. There is a possibility that the termination of the lease will involve the use of an insect repellent that is effective against fleas and ticks. It is against the law to bond pets.

    Tasmania

    Pets are only permitted on the property with the owner's permission or if it is specifically stated in the lease, and the renter is responsible for repairing any damage the pet does after the rental ends. A common lease condition is fumigation, and pet bonds are not permitted.

    Advice for tenants with animals

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    • Ask even if a property isn't designated as pet-friendly. Pets may be allowed by landlords for the suitable tenant.
    • Create a pet resume that details training and includes testimonials from previous landlords and neighbours.
    • Offer to have carpets cleaned by professionals once a year.
    • Be sincere and avoid attempting to conceal pets if that is not permitted.
    • If your child has behavioural issues like barking or digging, seek professional assistance.

    Pet ownership permitted by tenant with landlord's approval

    If you wish to keep a pet at your apartment, you need to fill out a pet request form and give it to your landlord.

    Your landlord has the right to turn down your request for a pet only if the Victorian Civil and Administrative Tribunal (VCAT) decides that it is appropriate for them to do so.

    A pet can be any animal, with the exception of working or service dogs (a dog trained to help a person with a disability). For additional information on the relationship between assistance dogs and renting, see Discrimination in renting.

    What occupants must do

    • For every pet, fill out a Pet Request Form.
    • Give your landlord the form(s) you have completed.
    • For your personal records, keep a copy.

    If the landlord does not want to allow a tenant to have a pet, they have 14 days (from the day after they get the form) to submit an application to VCAT to have this right revoked. If you do not hear from them at any point throughout these 14 days, you are free to keep the pet.

    Advice for filling out a pet request form

    It's a good idea to offer details that will aid the landlord in determining whether the pet is acceptable for keeping on the property. This might comprise:

    • details regarding the pet's age, temperament, training, and other qualities
    • references provided by a veterinarian, trainer, former landlord, and/or a neighbour
    • why do you believe the location is appropriate for boarding your pet

    In addition, check to see that the animal complies with any and all applicable state, local, or other legislation regarding the ownership of pets. The enforcement of these regulations will occur regardless of whether or not the landlord has agreed to them. For additional information, please see the Pets section of the website for the Department of Jobs, Precincts and Regions.

    What property owners must do

    Pet requests need to be approved in writing and the tenant needs to be informed of the decision. When delivering the papers, be sure to use the tenant's address, which can be found on the Pet request form at the number 1 spot.

    According to the Residential Tenancies Act of 1997, it is illegal to give a tenant a reasoned basis to deny their request to keep a pet at the rented home if the request is reasonable.

    If you want to withhold consent, you have to submit an application to VCAT within 14 days, starting from the day you get the form. If you don't want to, you can't. The VCAT will take into consideration the particulars of your case, as well as whether or not the pet is suitable for the home.

    If you do not make an application to VCAT within the allotted time, it will be presumed that you have granted permission for the pet to be kept if you do not contest this assumption (from the day after you get the form).

    Upon the landlord's submission to VCAT

    VCAT may impose the following:

    • the pet is not allowed on the property, the landlord's denial is justified, or
    • the pet can stay with the tenant in the rented home

    VCAT may consider the following factors before rendering a decision:

    • the kind of animal, the tenant, intends to keep
    • what kind of rental property the tenant has
    • the building's fixtures, furnishings, and other interior components, as well as any other applicable legislation (for example, if a local council law prohibits the pet)
    • anything else that VCAT deems suitable.

    If the VCAT decides that the tenant is not permitted to have the pet on the property, the tenant has 14 days from the moment the order becomes effective to comply with the decision. If the tenant has not complied with the order after a period of 14 days, the landlord has the right to serve them with a notice to vacate the premises with a minimum of 28 days' notice.

    If the landlord intends to confine a pet to the exterior of the building

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    If the landlord wants to allow a tenant to have a pet on the property, he or she might try to negotiate some limits, such as not letting the animal inside the home. In the event that the tenant does not agree to the terms, the landlord is required to file an application with VCAT in order to prohibit the pet.

    It is important for the landlord and tenant to put all of their agreements regarding the terms of the lease in writing.

    Whenever a pet causes harm or other issues

    According to the Residential Tenancies Act of 1997, tenants have the following obligations:

    • taking precautions to prevent damage the property
    • maintaining the space suitably clean
    • not creating a disturbance or interfering with neighbours' reasonable right to privacy or tranquilly.

    If the tenant violates the terms of their lease in any way, the landlord may serve the renter with a notice of breach of duty. This notice demands that the renter refrain from violating the same requirement in the future and gives the tenant instructions on how to repair any harm that may have been produced as a result of the violation.

    If the tenant does not comply with this notice, the landlord may ask the Victorian Civil and Administrative Tribunal (VCAT) for a compensation order or a compliance order.

    When making decisions on claims of harm caused by pets, VCAT will take into consideration the following factors:

    • reasonable wear and tear
    • the item's age and condition

    If a tenant maintains a pet without permission

    Landlords may seek to VCAT for an order to ban pets from the premises if they have cause to suspect a tenant is keeping a pet there against their will.

    Pet bonds

    Owners and lessors are not permitted to request an extra bond for a "pet bond."

    Pets allowed in condos and apartments

    If you rent an apartment or a unit, there is likely an owners corporation that manages the common areas of the building, such as the gardens, roads, and foyers. In these shared spaces, you are obligated to comply with any regulations regarding dogs that may be imposed by an owners corporation.

    It is the responsibility of the landlord or owner to give you a copy of the regulations that govern the owners corporation when you first move in.

    If the owners corporation decides that your pet poses a threat or is a disturbance to the community, they may urge you to find another home for it.

    Pets allowed in specialised handicap housing (SDA)

    If you are a renter under a residential lease agreement and you are a resident of the SDA, you have the same rights and responsibilities regarding pets as other tenants do. In order to keep a pet, you are going to be required to hand in a fully filled-out Pet request form to your SDA provider. For additional information, take a look at the "What Tenants Need to Do" section of this page.

    Pets allowed in hotels, campgrounds, and apartment buildings

    Only with the permission of the owner are residents of rooming houses able to keep dogs in their homes.

    Residents of residential and caravan parks are required to abide by the pet laws of the park in which they live. If you believe that a regulation is unreasonable, you have the option of requesting that VCAT hear your case. The VCAT may decide that the regulation is unreasonable and compel the park operator to amend it or get rid of it. Alternatively, the VCAT may decide that the regulation is legitimate and allow it to continue being enforced.

    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.

    All tenants have the right to ask permission to keep a pet, which a landlord can either accept or decline with an acceptable reason, such as the property not being suitable for a pet, or the terms of a lease restricting pets.

    Landlords may not prohibit a service animal or emotional support animal from living in the unit. Landlords may not charge the tenant extra "pet" rent or "pet" security deposit for a service or emotional support animal.

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