The Residential Tenancies Act 1997 does not say anything about keeping pets on rented premises. However, many leases contain a provision which prohibits you from keeping pets. If you have a pet or intend to get a pet, you should make sure that your landlord agrees before you rent the property. Landlords can legally refuse to rent you their property if you have a pet.

If the landlord does agree, you should make sure the lease states you are allowed to keep a pet or the 'no pets' clause on the printed lease is crossed out. Once the landlord agrees to you having a pet, they cannot change their mind later.

Even if you have the landlord's consent to having a pet, problems sometimes arise.

Damage and nuisance
The Residential Tenancies Act 1997 and your tenancy agreement prohibit you from causing damage to the rented property or causing a nuisance. A nuisance is anything which unreasonably interferes with your neighbours' enjoyment of their property, such as continual barking, unpleasant smells etc.

If your pet is causing a nuisance or damaging the rented property, the landlord can give you a Breach of Duty Notice stating that you must stop your pet from causing a nuisance or damaging the property. If you don't fix the problem within 14 days, the landlord can apply to the Victorian Civil and Administrative Tribunal for a Compliance Order, which obliges you to comply with the Breach of Duty Notice. To get a Compliance Order from the Tribunal, the landlord will have to prove that your pet is causing a nuisance or damaging the property. You can attend the Tribunal and put your side of the story.

If you do not comply with the Compliance Order, the landlord can give you a 14-day Notice to Vacate. A Notice to Vacate does not mean that you have to move out. If the landlord wants to evict you, they will have to apply to the Tribunal, and prove that your pet is still causing a nuisance or damaging the property. You can attend the Tribunal hearing and put your side of the story. If your landlord gives you either of these notices, you should contact the Tenants Union or a tenant advice service for assistance.

Sometimes landlords or agents give tenants a Breach of Duty Notice which states that the breach is simply having a pet. Such a notice is invalid. The only reason you can be given such a notice is if your pet has been causing damage or a nuisance.

Endangering the safety of neighbours
If your pet is endangering the safety of neighbours, the landlord is entitled to give you an immediate Notice to Vacate. Such a notice should only be given in extreme circumstances, eg your dog has attacked the neighbour's children.

If you receive an immediate Notice to Vacate, it does not mean you have to move out. If the landlord wants to evict you, they will have to apply to the Tribunal and prove that your pet is a danger. If you receive an immediate Notice to Vacate you should immediately contact the Tenants Union or a tenant advice service for assistance.

'No Pets' clauses
Many tenants keep pets even when their tenancy agreement contains a 'no pets' clause, either because they had difficulty finding a property to rent which allowed pets or because they decide to keep a pet after they move in. Your legal position in this case is not clear.

If the landlord or agent finds out you have a pet, they may tell you that you will be evicted if you do not get rid of your pet. This is not necessarily true.

The Tenants Union believes that you cannot be evicted unless your landlord can prove your pet is causing a nuisance, damaging the property or endangering the safety of neighbours. Your landlord, however, may give you a Notice to Vacate for simply having a pet. We believe such a notice is invalid.

Your landlord or agent may apply to the Tribunal because you have breached the 'no pets' clause. Although the Tenants Union believes that the Tribunal cannot legally evict you for having a pet in breach of your tenancy agreement, the Tribunal has evicted tenants in such circumstances in the past. The Tribunal has also ordered tenants to remove their pets from the premises.

If your landlord gives you a Breach of Duty Notice or a Notice to Vacate because you have a pet, contact the Tenants Union or a tenant advice service for further assistance.

For more information, contact the Tenants Union on % (03) 9416 2577.