Ohhhhh Boy, Im in a Pickle.

[JungleManSam]

Hey guys,

I have kept snakes for about 6 months now in our rental home. A week or so ago the land lord, house owner and another guy came into the house for the 6month inspection. Now, under the rental house pet rules or what ever section it is, says that ALL Fish, Reptiles, Cats or Dogs are classified as pets. And at which point in the agreement we didnt know that fish or reptiels where against the rules. I went ahead and kept my little fish and my snakes(because I didnt know that they where PETS) so anyway, the house owner said that we might have to move out because they are pets. The snakes and the fish are not pets, they are hobby animals. We have had foxtel installed until the end of the year and the internet hooked up and since the things are on a plan you cant just get up and leave and stop paying. And there is an early dissconnection fee so we wont do that. We where not told that they where pets and now we are in limbo(inbetween moving and staying). This was the only thing wrong with the inspection, we have always been perfect tenants.

Im asking, what would you do?

Snakes and fish shouldnt be classified as pets as they are confined to their enclosure/fish tank not having anything to do with the house. The general reason the land owners dont like pets is because the next tenants could be allergic and the animals could ruin the house. Anyway, if you have read this far I appreciate it and need an oppinion.

 

[Jeannine]

Now, under the rental house pet rules or what ever section it is, says that ALL Fish, Reptiles, Cats or Dogs are classified as pets

you knew they were classed under the agreement as pets, you should have asked for clarification especially if it stated the above in your rental lease, you cant now claim to have not known they were viewed as pets when it was written into an agreement you should have read, asked questions about before signing it

your breaking the lease by having them there and ignorance is no excuse, the landlord now has the right to terminate your lease and your contracts with foxtel and the net are not HIS problem

it matters not what you think all that matters is the lease and it stipulated they would be classified as 'pets' and as such if the lease stated you could not have pets then it covered fish and reptiles, you have NO recourse as you have broken the rules

perhaps at a stretch reptiles might not damage a rental however fish tanks can and do break therefore flooding the place, soaking into carpets and damaging them and possibly causing mold which can be a danger to the next tenants not to mention costing the landlord money to replace

sorry but you better start looking for a place that will allow you fish and reptiles and have it written into your lease that you can keep them

 

[Wrightpython]

Tell him to stick it up his you no what he can not kick you out over this. The only way he could kick you out is if the animals were causing damage. Allow you may have signed the rental agreement the rental agreement can be deemed illegal if it reduces or removes your rights as a consumer. If they kick up a fuss inform them you will report it to the rental tribuneral and by the time that comes to court you would be out of there since they are booked up most of the time. Remember In a rental situation the person renting holds all the cards you basically have more rights than the landlord and no court in aus would kick you out over snakes in a cage.good luck and don't worry

 

[JungleManSam]

But thats the thing, by pets the landlord said that pets where cats dogs etc, all of the normal pets he didnt know that fish and reptiles where classed under pets as they are more hobby animals imo and his opinion. He had to look further into it as he didnt even think they where classed under pets.

 

[CrystalMoon]

Did the home owner actually see the tanks/enclosures and the animals? I would show them your whole set up and I am sure if your good reliable tenants they would at least consider letting you all stay. I guess they can be worried about tanks leaking and possible escapees out of the snake enclosure. I cant explain how I got away with it, I was staying with Dad for 2 years in a no pet house??? I guess the rental handler just didnt care because I didnt hide the birds, cat, guinea pigs and reptiles. I dont think you can argue the point with them, but you could try and reason good luck I hope it works out
More 2 cents worth: In reading your last post, He is the home owner it is at his discretion whether to let them stay or not. He can get them put into the agreement as acceptable orrr failing that agree to turn a blind eye

 

[Manda1032]

agreed. I have always asked the landlord or rental agency beforehand. All my interactions have been great when it came to a fishtank and my reptiles because they are caged. Many rentals don't allow fish because of the potential damage a leak / explosion can do. The thing is dude is you did a huge no no. You can ask them to reconnect your services at your new home, it may incure a reconnection fee but thems the breaks with renting. The choice is up to you now.... keep the fishies and the herps and move or find them a new home.

 

[JungleManSam]

Yea the owner saw the the whole set up. I hope it works out aswell. It will be a pain in the ring-ol' if it doesn't.

 

[Leasdraco]

I'd say play it nice for now.let the guy know there was a misunderstanding and he might be a bit more lenient and not turf you out.its not on to evict you unreasonably but then he might stand with the rental agreement

 

[reptalica]

Soz but I'm with Jeannine on this one. That's what a contract is for. It's sets out the terms and conditions with which u can rent/lease the house.

If it's not stated in the contract then I think u have a strong case.

I really don't think it's going to come down what the definition is of a pet in a court of law, especially the residential tenancies tribunal.

 

[Robo1]

I would go over your rental agreement carefully and check exactly what the conditions are. I believe that in some states reptiles and fish (and other animals which live in enclosures) are not classified as pets. So unless the agreement specifically lists them you might be ok (from the sounds of your second post this might not be the case).

But your best bet might be to approach the land lord and/or owner, apologise and explain you'd assumed they weren't classed as pets. Then, ask if it would be possible to get permission to keep them. As Jeannine said (depending on the contract) you may have broken the rental agreement, but if you're good tenants you maybe able to negotiate to stay. If they are going to consider letting you stay, ask them what conditions they would like to impose. In the past I've always been up front and never had a problem. Normally the conditions have been an escape proof enclosure, no breeding of rodents on the premises and that they are kept clean so there are no associated odours (pretty normal stuff).

Failing that, some internet connections can be moved to a new residence (depending on the provider); I'm not sure about Foxtel though. I'd be more concerned about the costs if they do decide to kick you out. Again depending on where you are, you might be up for advertising costs and rent until they are able to rent out the property to a new tenant.

 

[Skeptic]

How big is the fish tank?

 

[Elapidae1]

I'm with Jeannine, you are breaking your agreement and particularly with the fish tank this has implications in regard to insurance etc for the same reason most rentals don't allow water beds.
If the owner has rented the property out through an agency there policies and insurances may prevent him from being able to wave the no pets rule.

 

[JungleManSam]

The fish tank is only a 6L bed side table tank. 1 little fish in it. We will just have to wait and find out. If there was something stated in the agreement, dad would have said that I couldnt get the snakes. He is a very responsible man when it comes to other peoples property. Time will tell.

 

[CaptainRatbag]

Didnt they have to give you 14 days notice of an impending inspection? Whenever I have been not supposed to have pets, I have always hidden them all on that day. At one no pets house I was renting, I had 2 cats, 2 dogs and 2 shetland ponies :shock: on the day of the inspection, I loaded them all in the kingswood station wagon and parked it around the corner :lol:

You need to remove them and they can come and inspect.... then put them back in and when you have inspections in future.... hide them. Either this or you will have to move

 

[Renenet]

What state are you in, Jungleman?

 

[CaptainRatbag]

The fish tank is only a 6L bed side table tank. 1 little fish in it. We will just have to wait and find out. If there was something stated in the agreement, dad would have said that I couldnt get the snakes. He is a very responsible man when it comes to other peoples property. Time will tell.

Put the fidh tank in a box in the wardrobe, Put your snakes in pillow cases in a drawer or wardrobe when they come for inspection. In your reptile enclosures, leave them exactly where they are but put ornaments or display stuff in them. Once the inspection is done.... remove ornaments, put snakes back in. They have to give notice of inspection.... you get the picture. They have to prove you still have the pets, but they cant just turn up any time they like.

 

[JungleManSam]

You good sir, are a crazy man ^ Bahaha. No, it was a 7 day notification. The funny thing it, the land lord dont have a problem with the fish tank. Rather the snakes. TURN TO CHANNEL 607 people, Swamp People is on. I am in QLD rennet.

 

[Darlyn]

In the future throw a sarong over the snake enclosure so it's a nothing piece of furniture, keep secrets!

 

[Nathan_T]

They have to prove you still have the pets, but they cant just turn up any time they like.

Here's why you need to get professional assistance in the matter. Depending on the exact wording of your agreement, captainratbag may be correct, or he may be incorrect. I read your op as saying that the rental agreement had some sort of clause like "cats, dogs reptiles etc are considered pets. Pets are not allowed on premises". If so, my understanding is that you have committed a breach of contract and thus the landlord can end your tenancy right now by giving you appropriate notice, he has no obligation to prove you're continuing the breach.

Unfortunately, internet forums can't be relied on for advice about something as grey as legislation.

 

[Gruni]

Did they say why they have an issue with the snakes but not the fish? I would think water damage a greater issue than anything snake related???

Sit down over a coffee and talk about your record as a tenent and the misunderstanding of the rules (but don't defend your actions as such as you are actually in the wrong) but also discuss the snake issue and point out that they can't escape or damage the house and as they don't shed the way cats and dogs do there really is no risk of alergens remaining after the snakes leave... has anyone heard of someone being clinically alergic to a reptile before?

Good luck, if they are reasonable people then you should be fine if not you don't really want to feather their nest anymore than you already have surely.