Sisters in Law: Can my landlord refuse me getting a pet?

A Queensland woman has rented for five years and is prepared to fork out $20 extra in rent, but her landlord continues to be a “jerk” on this issue.

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn give advice to a women who wants to have a pet in her rental.

Question:

I’ve lived in my rental for five years and don’t see any hope of being able to buy. I would really like to have a dog and I’ve asked my landlord but he says I can’t. I don’t see what the problem is – he has a bond from me and if the dog damages anything then he can take money out of that. I’d even be willing to pay an extra rent if he let me adopt a dog – maybe $20 a week or so. My landlord has always been a bit of a jerk but I like my place and don’t want to move. What are my rights as a tenant who wants a dog? – Prisha, QLD

The woman wants a pet to live in her rental. Picture: iStock

Answer:

Prisha, unfortunately for you, your landlord has the right to deny you permission to have a pet.

Currently in Queensland, your landlord does not need to give a reason for refusing to allow you to have a dog at the property. He can refuse on any grounds, including those that are not fair nor reasonable.

The only potential exception to this is if you have a disability and need a guide dog or assistance dog. In this situation, any refusal may be discriminatory.

Given a landlord is not permitted to drop in unannounced, you might be tempted to get a dog anyway, in the hope your landlord never finds out.

We’d recommend against this because the consequences of getting caught could mean being forced to get rid of the dog, or being evicted from the premises.

You might be tempted to get a dog without your landlord knowing but this could be a big mistake. Picture: iStock

The good news for you is that in Queensland as of 1 October 2022, the law will change to prevent landlords from refusing a request for a pet unless one of a number of specific reasons apply.

If you can wait until then, the process to seek approval for a dog would be to make your request to the landlord in writing. We expect that a tenancy form will be made available to use.

Your landlord will be required to respond to your request within 14 days. If there is no response you can assume that your request has been approved.

If your request is refused, your landlord will need to detail the grounds for refusal.

There are only six valid grounds to refuse the request. Picture: iStock

Under the new laws, the following will be the only valid grounds for refusal:

1. Keeping the pet would exceed a reasonable number of animals at the premises

2. The premises are unsuitable because of a lack of appropriate fencing, open space or something else that means it is not humane to accommodate the pet

3. Keeping the pet is likely to cause damage that the bond will not be sufficient to cover

4. Keeping the pet will pose an unacceptable risk to the health and safety of a person (for example a vicious dog, or a venomous snake)

5. Keeping the pet would break a law, a licence applying to the premises or a body corporate by-law

6. The tenant has not agreed to reasonable conditions proposed by the landlord for approval to keep the pet.

Any conditions on pet approval imposed by your landlord must be reasonable having regard to the type of pet and the nature of the premises.

Your landlord cannot increase the rent or bond because you get a pet. Picture: iStock

Appropriate conditions could include keeping the pet outside, professionally fumigating the premises and professionally cleaning the carpets at the end of the tenancy.

Your landlord cannot provide approval to keep a dog on condition of increased rent or bond.

Assuming you are ultimately approved to keep a dog, prior to getting it we would recommend completing another condition report and having the landlord sign it.

The law says that during your tenancy you need to take care to avoid damaging the property. General wear and tear is allowed, for example, carpet that has been worn down because of general use.

Any damage due to wear and tear, or any damage that was present when you moved in, is the landlord’s responsibility.

Document the state of the property before you get a pet. Picture: fotografixx / iStock

The law clearly states that you as the owner of the dog will be responsible for any nuisance caused by the dog, such as noise, and any damage to the property caused by the dog.

Carefully documenting the state of the property before getting the dog will help protect you at the end of the tenancy if there is any dispute over damage at the property and who may be responsible.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

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