Tenants keeping a pet in a rental property

Before the tenant signs the lease

Can landlords tell tenants they cannot keep a pet?

Unless the pet is an assistance animal (see below), landlords are allowed to decide whether a tenant can keep a pet on their property. They do not need a particular reason to refuse. They can add a clause restricting pets in the residential tenancy agreement (lease).

The standard residential tenancy agreement contains an optional 'Additional term - Pets' that allows a tenant and a landlord to set out their agreement on the keeping of an animal at the rental property, including which animals are permitted to be kept at the property, and what the tenant is required to do during their tenancy and at the end of their tenancy if they keep the animal. If the landlord does not wish to allow pets in their property, this optional term can be crossed out.
 

If a tenant rents a property in a building that is part of a strata scheme, they will still need the landlord's permission to keep an animal at the rental property. The tenant will also need to consider the rules for keeping an animal in the strata scheme. This may include writing to the scheme's owners corporation or strata manager about wanting to keep the animal. Learn more about Pets in strata.

Assistance animals

Landlords are not allowed to tell a tenant that they cannot keep an assistance animal as this would be unlawful under the Commonwealth Disability Discrimination Act 1992.

The landlord can ask the tenant to provide evidence of their assistant animal’s status under the Commonwealth Disability Discrimination Act 1992, that is:

• evidence the animal holds a relevant accreditation under a State or Territory law or,
• evidence the animal is accredited by an animal training organisation prescribed by relevant regulations under that Act, or
• evidence the animal is trained to assist a person with a disability to alleviate the effect of the disability and to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.

Landlords cannot ask for private medical records as evidence.

Can a landlord require a tenant to get a professional clean or fumigation done?

In general, landlords are not allowed to include a term in the tenancy agreement requiring professional cleaning of carpets at the end of the tenancy. However, landlords can include such a term if they have permitted the tenant to keep an animal at the property.

Landlords or tenants may be responsible for fumigation of a rental property, depending on the circumstances. For example, if the property needs to be fumigated because the tenant's conduct has caused an infestation, the landlord may be able to ask the tenant to pay the costs of the fumigation. Learn about Pests and vermin in a rental property.

Can a landlord ask for higher rent for a pet, or require a pet bond or a pet deposit?

A landlord cannot ask for a higher rental bond, a separate 'pet bond' or for a tenant to pay a pet deposit because they have a pet.

Learn more about what a tenant may have to pay for at the start of a tenancy.

While renting

A tenant's pet cannot be a nuisance to the neighbours or interfere with their 'peace, comfort or privacy'. If a tenant's pet is a nuisance or causes excessive noise, it may breach the tenant's residential tenancy agreement.

At the end of the tenancy

If the residential tenancy agreement requires it, the tenant will need to get the carpets in the property professionally cleaned or the landlord may claim part of the bond to have this done.

If the tenant's pet has caused damage to the property (for example, by scratching doors, walls or floor) the tenant will need to repair the damage or pay to have it repaired.