What are my obligations as a Landlord if my Tenant wants to keep a pet in my Queensland rental property?
Overview
The Act outlines a framework supporting parties in all tenancies to reach agreement on renting with pets. Tenants are required to seek the lessor’s consent to keep a pet at the rental property, and it is a significant breach not to do so. Lessors can provide approval subject to reasonable conditions as agreed with the tenant, or refuse the request only based on specific reasons under the legislation. They must also respond in writing to the tenant’s request within 14 days or the request is deemed to be approved. For an overview, view our Renting with pets approval process flow chart.
This legislative framework around renting with pets is applicable to general tenancies, moveable dwellings and rooming accommodation. This framework is applicable to all tenancies and does not apply to the tenancy application process.
What is a pet?
Under the Act, a pet is 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 (as defined under the Guide, Hearing and Assistance Dogs Act 2009), corrective services dogs or police dogs. A tenant may keep a working dog at the premises without the lessor’s approval.
Can landlords say no to pets in Queensland?
Tenants are required to seek the lessor's consent to keep a pet at the rental property, and it is a significant breach not to do so. Lessors can provide approval subject to reasonable conditions as agreed with the tenant, or refuse the request only based on specific reasons under the legislation.
My tenant has requested to keep a pet in my rental property, what do I do?
Your tenant’s request to keep a pet will be submitted to you using the Request for approval to keep pet at premises (Form 21), stating the type and details of the pet they are requesting to keep in the rental property for your consideration. As the lessor, you must respond to the request within 14 days, which is on or before the date outlined in item 6 of the received request form.
The lessor’s response must state two key pieces of information:
- whether you (the lessor) approve or refuse the tenant’s request, and
- other conditions for approval, or reasons for refusal of request
- If you approve the tenant’s request to keep a pet, you may state additional reasonable conditions for the approval and why this applies.
- If you refuse the tenant’s request to keep the stated pet, you must state the specific reason for refusing the request as outlined under the legislation
Important: If a lessor does not respond to the request within 14 days, or if their written response does not comply with the legislative requirements of providing approved reasons for the refusal or reasons for the conditions of approval, the request will be taken as approved.
A letter template is available on the RTA website to assist lessors in structuring a compliant response to their tenant’s request to keep a pet.
Requesting to keep a pet at the start of a tenancy
If a tenant has a pet when they apply for a rental property, they should notify the managing party in their application and ensure this is reflected in the tenancy agreement.
If the property manager/owner agrees to let the tenant keep a pet, the number and types of animals allowed should be listed in the tenancy agreement. It can also be helpful to outline any specific agreements about the pets in the special terms of the tenancy agreement, such as whether the pet can be kept inside or outside the house or if pest treatment or carpet cleaning will be required at the end of the tenancy.
The Act outlines a pet application process for requesting a pet during a tenancy, but this process does not apply when requesting to keep a pet at the start of a tenancy.
Requesting to keep a pet during a tenancy
If a tenant wants to get a pet during a tenancy, they must seek written approval from the property manager/owner to keep a pet at the rental property. They should formalise their request by completing a Request for approval to keep a pet in a rental property (Form 21) to seek the property manager/owner’s approval.
The property manager/owner must respond to the request in writing within 14 days of receiving the request form and state two key pieces of information:
whether they approve or refuse the tenant’s request, and
other conditions for approval, or their reason for refusing the request.
If the property manager/owner does not respond within 14 days, or the response does not satisfy the legislative requirements mentioned above, the pet request will be automatically approved.
The Pet request response for lessors template can assist property managers/owners in responding to their tenant’s pet request.
Renting with a pet within a body corporate
Tenants who rent a property in a body corporate are subject to by-laws around keeping pets. Tenants may need to obtain body corporate committee approval to keep a pet, in addition to approval from the property manager/owner. Tenants should check body corporate by-laws before asking to keep a pet, as breaching these by-laws is a breach of the tenancy agreement. A property manager/owner may refuse a request to keep a pet if keeping it would contravene a body corporate by-law.
The property manager/owner has a 14-day period to respond to a tenant’s pet request, but a body corporate committee’s approval process may take longer. The property manager/owner may refuse a pet approval request if their 14-day approval period is ending, and the body corporate has not provided a response to the pet request. If the committee later provides approval outside the 14-day period, the tenant can re-apply to the property manager/owner for the pet, with evidence of the committee’s approval.
Tenants can dispute a body corporate committee’s decision to refuse a pet through the Office of the Commissioner for Body Corporate and Community Management (BCCM).
This webinar below recorded jointly with the BCCM provides information to help you understand how to navigate the tenancy laws for renting with a pet alongside the body-corporate by-laws and processes.
RTA and BCCM Webinar: October 2022 rental law changes - Renting with Pets
Additional resources:
🗎 Request to keep a pet in a rental property (Form 21)
Tenants must use this form to request approval from the property owner to keep a pet or animal in their rental property.
Tenants should complete a separate form for each pet. Property owner’s approval is not required to keep a working dog at the property.
🗎 Pet request response template for lessors
A lessor/agent can use this letter template to respond to a tenant's request to keep a pet, and to ensure their response contains the required information and is compliant with legislative requirements.
🗎 Renting with pets fact sheet
Details the pet request process, including reasonable conditions for approval, reasons for refusing the request and frequently asked questions
🗎 Renting with pets approval process flow chart
Overview of the pet request process
