How to rent if you have pets: A state-by-state breakdown of rules for landlords and tenants

Finding a good home to rent can be hard enough but when you also have a pet, it can be twice as tricky.

Some landlords are adamant that pets should not be allowed and some apartment bylaws ban all animals – apart from guide dogs – in their buildings.

But with Australia having one of the highest rates of pet ownership in the world, attitudes are changing rapidly.

“I think it’s certainly getting easier for renters with pets,” says John Grima, retail director of the Pet Industry Association of Australia and owner of Kellyville Pets. “Sixty-three per cent of households in Australia have pets and the legislation is changing to accommodate that.

“Many state governments are now promoting the idea that pets should be allowed by landlords, often with additional small bonds being charged in the case of any damage, and many apartments are relaxing their bylaws for suitable pets, like small dogs, cats and reptiles.”

How to convince landlords to allow pets

There’s plenty tenants can do to help press their case to bring their pet along with them when they apply for a new rental, too.

Graphic designer Nic Middenway’s elegant staffy-cross Sammy is well-known around Sydney’s eastern suburbs as she sashays around, carrying one of her favourite handbags from her 20-strong collection.

Friendly, well-behaved and always immaculately accessorised, she’s a firm favourite among landlords. “For me, Sammy is an immovable priority on my wishlist when looking for a home,” says Middenway, 61. “There are places that don’t allow pets but I think, generally, there are more and more now that do.

“There’s usually a process you have to go through, with pet application forms to be filled in for apartment buildings and landlords, and rules to abide by. Of course, every dog and pet is different, but sometimes there are some dogs I’d much rather live with than people!”

Middenway helps his application along by providing a CV for nine-year-old Sammy, as well as photographs and a number of references attesting to her character and impeccable manners. Currently renting an apartment in Potts Point, he says he’s found honesty is always the best policy.

“I’d recommend all pet owners be upfront and honest about your pet; don’t make them out to be anything they’re not,” he says. “And all rules are different from apartment building to building.

“One I know has a weight limit for a pet, which I always think is a little bizarre. A puppy might be quite light, but when it grows up, could be a lot heavier. What do you do then? Do you stop feeding it at some point?”

Often landlords may not list their property as pet-friendly but, when approached by an obviously responsible pet-owner armed with glowing references from previous landlords, will agree to the request. Some apartment buildings that have forbidden pets in the past are also now reviewing their strata rules to allow them in.

“From state to state the laws are different in regards to allowing pets into apartments and rental properties, so it’s always important for pet owners to check what rules could affect them and their beloved pet,” says Nadia Crighton of Pet Insurance Australia.

“Australia has one of the highest incidence of pet ownership in the world, so finding a good rental … is a very important issue facing a lot of hardworking and responsible pet owners. It’s time to see real change in thinking to allow more pet owners access to secure and reliable homes.”

She suggests offering to add an extra clause into a rental agreement that could include cleaning carpets once a year, fixing any possible damage or a pet bond, and developing a pet resume that talks about how well-trained your pet is, along with references from former landlords and neighbours.

Don’t be put off either by a home that’s not advertised as pet-friendly. “Ask, ask, ask,” she recommends. “Many times owners will not advertise that they are pet-friendly when in fact they are – for the right owner. So always ask the question direct.

“And, of course, ensure your pet is not a problem. If you have any behavioural issues such as barking, digging or escaping, call in the experts for help.”

Laws for renting with pets in each state

Rules for renting with pets are different in each state, but it’s worth remembering that individual apartment complexes may have their own bylaws.

NSW

No laws prohibit owning pets, but the standard residential tenancy agreement issued by Fair Trading NSW includes an optional term requiring the landlord’s consent, restrictions on the type of animal, and whether carpets need to be professionally cleaned. Apartment and townhouse complexes have their own bylaws. Recently, laws have changed to prevent blanket bans on pets in strata schemes, although they can still be restricted.

Victoria

The rules changed in March 2021 so that tenants are now permitted to have pets with their landlord’s approval, which must not be unreasonably withheld. It is now much harder for landlords to refuse permission for a pet, and they have to prove they have a good case with tenants able to appeal to VCAT. There’s been a number of cases where appeals have been successful. However, strata schemes may be able to deny pet ownership under their own bylaws. To apply for a pet, tenants have to fill in an official form from Consumer Affairs Victoria.

Queensland

The state government introduced major reforms to the tenancy act in October 2021 to make pet ownership in rental properties easier. Under the new rules, landlords can only refuse to allow pets under prescribed conditions, for instance if a rental property is unsuitable for the proposed pet, if it poses an unacceptable risk to health and safety or if it would breach bylaws. Tenants are still liable for any damage caused by the pet.

South Australia

Landlords have to grant permission for pets to be kept by tenants but an increasing number are now willing to accept animals, with around 60 per cent of household now owning pets. There’s no provision for pet bonds, but most landlords will ask for an agreement to be signed enforcing certain rules, such as no noisy barking.  

ACT

New laws were introduced in November 2019 by the ACT government to restrict the rights of landlords to ban pets – unless they can demonstrate a “reasonable” reason. A tenancy agreement can impose a requirement that the tenant must seek the landlord’s consent before keeping a pet but if it doesn’t, then the tenant can have a pet without seeking their permission. A landlord can only refuse consent for a pet with the approval of the ACT Civil and Administrative Tribunal under grounds such as if the property is unsuitable or that the pet might cause unreasonable damage.

Western Australia

Pet bonds are a usual part of residential tenancy agreements where pets are allowed, and the law states that no more than $260 can be charged to meet the cost of fumigation at the end of the tenancy. The presence of a pet must be stated in the lease, and permission given by the landlord.

Northern Territory

Any tenancy agreement entered into after January 2021 gives tenants the ability to keep a pet at their rental premises if, after 14 days of notifying the landlord in writing of their intention to keep a pet, the landlord has not objected in writing and made an application to the Northern Territory Civil and Administrative Tribunal (NTCAT). The landlord could object on grounds such as a pet not being suitable for a property if, for instance, a tenant wants to keep two Great Danes in a small high-end apartment with delicate fittings. Strata schemes may prohibit pets.

Tasmania

A tenant can only have a pet at the property if the owner has agreed or if it is in the lease, and the renter has to repair any damage inflicted by the pet at the end of the tenancy. Fumigation will often be included as a term in the lease, with pet bonds not allowed. The Tasmanian Tenants Union has been campaigning for the law to be amended so that all tenants have the ability to have a pet unless the landlord has reasonable grounds for their exclusion.

Tips for renting with pets

• If a property isn’t advertised as pet-friendly, ask anyway. Landlords may allow pets for the right tenant.
• Prepare a pet resume outlining training and references from past landlords and neighbours.
• Offer to have carpets professionally cleaned once a year.
• Be honest – don’t try and hide pets if they’re not allowed.
• Seek professional help for behavioural problems such as barking or digging.

Looking for your next home? Take a look at Domain’s Ultimate Guide To Renting.