07 Sep Pets in Strata – info for tenants and landlords on pets in rentals
In many households a pet such as a dog or a cat is treated as a family member. Therefore, it’s a common consideration to wonder whether you can you have a dog in an apartment.
It is important that owners and tenants recognise their obligations to the welfare of the pet and also their fellow residents – let’s talk about strata pets.
Can a body corporate refuse permission for an owner to keep a pet?
In Victoria, a body corporate or owners corporation does not have the power to prohibit residents from keeping a pet in a lot.
In some states, not Victoria, consent of the body corporate is required before pet in strata can be kept in a lot. In short, a body corporate / strata cannot refuse pets in Victoria.
Can a body corporate make rules regarding pets?
An owners corporation may make rules regarding pets on common property such as requiring the owner to clean up any excrement, having an animal on a lead and ensuring it does not cause a nuisance to other residents.
Rules may include that an animal is vaccinated and registered with Council before providing consent. Any particular requirement of the rules made by the owners corporation must be complied with. If the body corporate has a pet application form, the requirements will be set out on that form.
Can an owners corporation require a pet be removed?
If the pet is a nuisance, such as barking, defecating on common property (with the owner not cleaning up), or attempting to attack other residents on common property, the owners corporation can serve notice requiring the animal must be removed within a reasonable time. The failure to remove the animal is a breach of the rules and the owners corporation may, if it wishes, undertake an application in VCAT requiring that an animal is removed.
Can a tenant have a pet?
A tenant may request consent from a landlord to have a pet. This is done by completing the approved Pet Request Form and sending it to the landlord. A separate form is required for each pet the renter wishes to keep.
A landlord has 14 days commencing the day after receipt of the form to make a decision if the pet may be kept. Refusal to allow the pet may only be made on reasonable grounds.
If the landlord agrees to the renter having a pet that consent should be in writing sent to the address nominated by the tenant.
Alternatively, if the rental provider disagrees the tenant must be advised of this within 14 days.
If the rental provider does not respond within 14 days the pet may be kept as the as the rental provider is deemed to have not objected.
Any refusal by a landlord is required to be on reasonable grounds. This will require consideration of the pet and the premises. If a tenant wishes to have multiple animals, consideration is given to the number in the particular circumstance.
What information should be provided in applying for consent to have a pet?
To assist a landlord in assessing the application for a pet it is helpful to provide information concerning:
- the breed;
- age and temperament;
- any training which has been undertaken;
- details of vaccinations and an undertaking to keep these current;
- suitability of the premises for the pet;
- any references from previous landlords or neighbours regarding the behaviour of the pet.
What if a landlord refuses consent for a pet?
Regarding whether a landlord can say no to pets, a tenant can apply to VCAT for an order permitting the tenant to keep the pet. If an application has been refused by the landlord, a pet may not be kept until VCAT has determined the matter.
What are the reasons why a landlord may refuse permission for a pet?
The most likely reason landlords can refuse pets in Victoria is that the premises unsuitable for the pet. For example a large dog in a small apartment or that a pet is not vaccinated may be reasonable grounds to refuse a pet. That a landlord considers a pet is undesirable without a reason is not a valid reason to refuse consent when addressing the question of pets for apartments.
If a tenant replaces a pet, is a new permission required?
As the approval by a landlord is for a specific pet, there is no right to replace that pet with another. It is necessary that an application is made to the landlord for the new pet.
Can you be evicted for having a pet?
If a tenant keeps or brings a pet without consent of the landlord the tenant, this is a breach of the residential tenancy agreement and the landlord may seek to have the premises vacated in addition to seeking compensation for any damage caused by the pet. In layman’s terms, yes – you can be kicked out of a rental for having a pet.
Can a landlord apply a pet bond?
A landlord cannot ask an additional bond if a tenant has an approved pet.
What if the pet damages the rented property?
An important consideration around renting with pets in Victoria is what happens in the case of damage being caused. If a pet damages any rented property this is treated in the same manner as any other damage occasioned by a tenant and the tenant will be liable for the cost of rectification or repair. This excludes fair wear and tear. The best approach is to ensure that both tenant and landlord have clear expectations around what fair wear and tear is when considering pets in rentals in Victoria.
Is a pet subject to Council controls?
If Council have registration requirements, typically for dogs and cats, these must be registered with Council. If a pet is outside a habitable area, it is usually a requirement of Council that the animal has its registration tag on its collar. Any owner or tenant who wishes to have a pet should make themselves aware of, and comply with, any Council controls.
There are also controls regarding restricted breeds and these must be complied with. A body corporate in giving approval for a dog is not warranting that there may be controls on keeping of that breed imposed by Council or other public authority.
Some municipalities have determined that cats are not permitted to roam at night in order to prevent attacks on wildlife.
Breach of controls for animals imposed by Council may result in fines and/or the animal being impounded. These are not matters for the strata bylaws but are relevant when a pet is kept in strata.
Can I keep an assistance animal in strata?
A landlord or body corporate cannot prohibit a person keeping an assistance animal. This will require that the owner of the pet can make out that it is a genuine assistance animal and evidence of this should be provided with any application to a landlord for the keeping of a pet.