Pet Approvals 

Overview

A tenant may only keep pets at the premises if the property manager/owner gives them permission. Keeping a pet (excluding working dogs) without written approval is a significant breach of the tenancy agreement. 

 

What is a pet?  

A pet is defined as:

  • a domesticated animal or
  • an animal that is dependent on a person for the provision of food or shelter and
  • does not include a working dog or an animal prescribed by the regulation not to be a pet.  

Different rules apply for working dogs, which refer to assistance dogs, guide dogs or hearing dogs, corrective services dogs or police dogs. A tenant may keep a working dog at the premises without the lessor’s approval. While a tenant doesn’t need to ask for permission to keep a working dog, the Residential Tenancies Authority recommends they inform the property manager/owner they have the dog at the premises. 

 

Legislative Changes

On 1 October 2022, the Queensland Government implemented changes in regards to a pet application during an existing tenancy.   The changes do not affect how tenants and property managers/owners negotiate keeping a pet at the start of a tenancy.  

When applying for a rental property, tenants should advise the property manager/owner about any existing pets to ensure they have permission to keep them at the property. The pets should be included in the tenancy agreement, which should outline the number and type of pets, whether they should be kept inside or outside, and any special terms.  

 

Pet Approvals/ Refusals

  • Properties can no longer be advertised as “No Pets Allowed”
  • Owners must respond to pet requests within 14 days – or their approval will be deemed automatically
  • Owners can only refuse a pet request on prescribed grounds, and they must give reasons to the tenant for why they believe those grounds apply
  • Owners can impose conditions on a pet approval in line with the prescribed requirements.
  • The approval to keep the pet at the rental property continues for the life of the pet. If a pet has been approved to live in the rental property, and the tenancy is renewed or extended, the tenant does not need to submit another request pet request.

 

 

Reasons for Refusal

  • keeping the pet would exceed a reasonable number of animals being kept at the premises   
  • the premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another item necessary to humanely accommodate the pet   
  • keeping the pet is likely to cause damage to the premises and in addition could or would be likely to result in damage that could not practically be repaired for a cost less than the rental bond for the premises    
  • keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous   
  • keeping the pet would contravene a law   
  • keeping the pet would contravene a body corporate by-law, house rules or park rules applying to the premises    
  • the tenant has not agreed to the reasonable conditions proposed by the lessor for approval to keep the pet ie professional fumigaton at end of tenancy, or the pet to be kept outside
  • the animal stated in the request is not a pet   
  • if the premises is a moveable dwelling premises, keeping the pet would contravene a condition of a licence applying to the premises   
  • other grounds prescribed by regulation. 

 

Further Information

RTA Rental Law Changes

RTA Pet Approval Factsheet

RTA Form 21 Request for Approval of Pet