dragondragon
Well-Known Member
Its nsw laws ive said this in another thread my brother is a realestate agent
I moved into a house that said strictly no pets. I didn't have a reptile then. When I got my snake, I thought I probably should ask. If they said no I would of just hid it. I emailed them, didn't use the word snake, only the word reptile. I also put in how I have a licence and how there so similar to a fish tank. They don't smell etc. Just pretty much talked crap lol
My rental is strictly no pets and I did the same thing but didn't explain it, just showed my landlord when she came to visit. It was "hey check out what I just got"
She hasn't visited since for some reason... Lol.
IOK i found this:
Pets
The Residential Tenancies Act 1997, which
sets out the legal rights and responsibilities of
landlords and tenants, doesn’t say anything
about keeping pets on a rental property.
However, many leases have a ‘no pets’ clause
that prohibits tenants from keeping pets. If
you have a pet or intend to get one, you
should make sure your landlord agrees to this
before you rent the property.
If the landlord does agree, you should make
sure the tenancy agreement (lease) states that
you are allowed to keep a pet or that 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.
Even if you have the landlord’s consent to
having a pet, problems can sometimes arise.
Damage and nuisance
The Residential Tenancies Act 1997 and
your tenancy agreement prohibit you from
damaging the rental property or causing
a nuisance. A nuisance is anything that
unreasonably disrupts your neighbours’
enjoyment of their property, such as
continual barking, unpleasant smells etc.
If your pet is creating a nuisance or causing
damage, 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
legally requires you to comply with the
Breach of Duty Notice and/or pay
financial compensation.
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 will be given the chance to
go to the Tribunal hearing and defend
your landlord’s claims.
If you do not follow the Tribunal 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 damage. You can go to
the Tribunal hearing and present your side of
the story.
Your landlord can also give you a 14-day
Notice to Vacate for a breach of duty if you
have received two previous Breach of Duty
Notices for the same breach.
If your landlord gives you either of
these notices, you should contact the
Tenants Union.
Endangering the
safety of neighbours
If your pet is a danger to your neighbours, the
landlord can give you an immediate Notice to
Vacate. This 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 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 a danger. If you receive an
immediate Notice to Vacate you should
contact the Tenants Union for advice as
soon as possible.
‘No Pets’ clause
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 decided to get a pet after
they moved in. Your legal position in this case
is not clear.
If the landlord or agent finds out that you
have a pet, they may tell you that you will
be evicted if you do not get rid of it. This
is not always true.
The Tenants Union believes that you cannot
be evicted unless your landlord can prove
that your pet is causing a nuisance, damaging
the property or endangering the safety of
neighbours. However your landlord may give
you a Notice to Vacate for simply having a
pet. We believe such a notice is invalid.
continued overleaf...
Your landlord or agent may apply to the
Tribunal because you have breached the ‘no
pets’ clause. The Tenants Union believes that
the Tribunal cannot legally evict you for having
a pet in breach of your tenancy agreement.
However in some cases the Tribunal has
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
for advice.
For more information phone the Tenants
Union Advice Line on ☎(03) 9416 2577.
Tenants Union of Victoria Ltd ACN 081 348 227 June 2009 www.tuv.org
Its copy and pasted directly as i didnt know if providing a link would be against the rules.
Doesnt include reptiles there a hobby and this is for vic the person asking is from nsw
I think the real estate would regard it as a pet.Doesnt include reptiles there a hobby and this is for vic the person asking is from nsw
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