Pets and rental properties
‘Can you have pets in a rental property?’ is one of the most common questions asked by potential tenants. Read on to find out the answer to this question and other pet-related FAQS, including the legal rights of both landlords and tenants when it comes to pets and Mt Isa rental properties.
Do tenants have to apply for pet approval when renting a property?
Tenants must get their landlord’s written approval to keep any pet at any rental property in Queensland. It will be a breach of the residential tenancy agreement if this approval isn’t obtained and a tenant subsequently keeps an unapproved pet (or pets) at a property.
Mount Isa tenants should use this form to formally apply for a pet approval. Landlords have 14 days to reply to pet approval requests.
Mount Isa landlords should use this form to formally respond to a tenant’s pet application.
Does a landlord have to approve a tenant’s pet application?
No, a landlord has the right to refuse a tenant’s pet application, but must have reasonable grounds to do so and provide those reasons to the tenant as part of the refusal notification. Reasonable grounds could include:
- a small property being unsuitable for a large pet (or multiple pets).
- the property being unfenced.
- Council laws about how many pets can be kept at a property. You can find out this information and other pet-related regulations of the Mount Isa City Council here.
What if a landlord doesn’t reply to a tenant’s pet application?
If a landlord doesn’t doesn’t respond to a tenant’s written pet application within 14 days, the pet request is automatically approved.
Can a landlord impose pet approval conditions?
Yes, landlords can impose pet approval conditions, provided they are reasonable and they are in writing. Reasonable approval conditions may be that:
- the pet remains outside the property at all times, rather than being allowed inside.
- any carpets in the property are professionally cleaned at the end of the tenancy if the pet is allowed inside.
Can a landlord increase the rent or the rental bond as a condition of pet approval?
No, landlords cannot legally do this under the provisions of Queensland residential rental property legislation.
Is any pet damage to a rental property classed as fair wear and tear?
No, and the tenant is financially responsible for any property damage that their pet causes, as well as any nuisance complaints such as excessive barking.
Do you need body corporate approval to keep pets?
Yes, tenants wanting to rent in a multi-residential complex (such as an apartment block or townhouse development) need the body corporate’s approval for a pet in addition to their landlord’s approval. The body corporate assessment of a pet application request may take longer than 14 days.
Body corporates can reasonably refuse pet requests if they contradict any reasonable by-laws that they may have in place (for example, a by-law may be that only 1 pet can be kept at a multi-residential complex or that a pet must not exceed a maximum size).
Tenants who disagree with a body corporate’s pet application refusal can apply for a review of the decision with the Office of the Commissioner for Body Corporate and Community Management.
If you’re thinking about buying, selling, leasing or renting any Mt Isa property, or you need your property professionally managed, then contact our team today for an obligation-free chat!
We’d be happy to provide you with advice and to answer any property questions you have.