In most cases, tenants can keep a pet but they must get their landlord’s permission first. A landlord can ask the tenant to pay a pet bond.
Assistance animals
A pet means any animal except an assistance animal. Assistance animals are trained to help a person with a disability in relation to the disability and do not count as pets. People with assistance animals cannot be discriminated against.
To be classed as an assistance animal the animal must either be accredited or have received special training to provide disability support and meet standards of hygiene and behaviour appropriate for public places. More information is available from Australian Human Rights Commission.
There is no pet bond for assistance animals.
Asking permission for a pet
At the start of a tenancy
Tenants and landlords can agree to the keeping of a pet at the start of the lease. Details about the pet and any conditions should be set out in the tenancy agreement.
During a tenancy
The tenant must ask for permission to keep a pet during the tenancy using the Form 25 (Pet Request Form). Tenants will need to:
- complete the tenant section of the pet request form
- give the form to their landlord
- keep a copy for their records
The landlord has 14 days, starting the day after they receive the form, to:
- make a decision and let the tenant know and
- apply for Commissioner approval to refuse if needed.
If a landlord wants to set any special conditions, they need to get Commissioner approval. Conditions only apply if they are approved.
If the landlord does not respond at all, the tenant can keep the pet. More information about timing is available on counting days.
When a landlord can say no to a pet
No commissioner approval needed:
A landlord can refuse a pet if keeping the pet would break a law or strata rule.
Commissioner approval needed:
Landlords can apply to refuse a pet for other reasons, such as:
- the premises are unsuitable eg. lack of fencing
- too many pets already at the home
- possible damage caused by the pet may cost more than the bond to fix
- keeping the pet would cause unacceptable risk to health or safety
- keeping the pet is likely to cause undue hardship to the landlord
- the pet is a dangerous dog under the Dog Act 1976
Setting conditions for keeping a pet
No commissioner approval needed:
Landlords can set the following conditions without Commissioner approval:
- limiting the number of animals at the home e.g. no more than two pets
- cleaning, maintenance and fumigation e.g. carpets must be professionally cleaned every twelve months and at the end of tenancy.
Commissioner approval needed:
If the landlord wants to add any other conditions, they must be approved by the Commissioner, such as:
- a pet must stay outside
- a bird must be kept in a cage
Tenant responsibilities for keeping a pet
Tenants must:
- clean up any mess made by the pet inside and outside the home
- be responsible for any nuisance e.g. excessive dog barking
- fix any damage caused by the pet e.g. cat clawing curtains.
Pet bonds
The most a pet bond can be is $260, no matter how many pets a tenant has.
The pet bond can only be used for pest control (fumigation). In 2025 this will expand to cover damage caused by pets.
The security bond can also be used to cover cost of cleaning and damage caused by a pet.
Pet bonds must be lodged with the Bond Administrator.
People with assistance dogs must not be charged a pet bond.
Pets in strata complexes
Pet requests for rental homes that fall under the Strata Titles Act and have by-laws prohibiting pets are automatically refused under section 50D (a) of the RT Act. Similarly, if they require the Council of Owners (COO) approval, the landlord/property manager can refuse under 50D(a).
If a tenant wishes to keep a pet in a strata rental home, it is recommended the tenant ask for a copy of the strata by-laws prior to signing a rental agreement, to check if the by-laws prohibit pets or the approvals required to keep a pet in a strata complex.
A pet request may require approval from a Council of Owners (COO) or strata owners’ body. Strata complexes can have different rules. A council of owners meeting may not be necessary in some circumstances as the rules may permit the Chairperson to approve the request.
The tenant should check with the property manager or landlord as to who should communicate the request to the Council of Owners, prior to the landlord approving the request. Mainly because the tenant will not know the strata manager. The property manager or landlord can assist the tenant in seeking council approval.
It should be noted that there is no time limit for the COO to respond. This means that there is not much a tenant can do if a COO does not respond to the request.