The right to keep pets in rental properties has been a major policy battleground in Australia. Several states have reformed their tenancy laws to make it harder for landlords to refuse pets outright. But the rules vary significantly by state, and the clauses your landlord includes in the lease still matter — particularly around liability for pet damage and end-of-tenancy cleaning obligations.
What is a Pet Clause?
A pet clause in a residential tenancy agreement governs whether you can keep pets, what species or size are permitted, what conditions apply (e.g., carpets professionally cleaned at end of tenancy, garden maintained), and what happens if a pet causes damage. In states that have reformed their tenancy laws (VIC, QLD, ACT), landlords generally cannot unreasonably refuse a tenant's request to keep a pet. In NSW, SA, and WA, landlords still have broader rights to refuse. Body corporate rules in strata properties can also override individual lease terms.
Red flags to watch for
In Victoria, Queensland, and the ACT, landlords cannot unreasonably refuse a pet request. A blanket prohibition in these states may be unenforceable against a reasonable pet request.
Mandatory professional cleaning fees are an unlawful tenant fee in some jurisdictions. In Victoria, for example, landlords cannot require professional cleaning unless it's reasonably necessary.
While you are responsible for damage caused by your pet, you are not responsible for fair wear and tear. A clause making you liable for all pet-related deterioration without this distinction is unreasonably broad.
Queensland allows a separate pet bond (limited to the equivalent of one week's rent). Other states generally do not permit a separate pet bond — any extra deposit may be unlawful.
In states with pet reforms, landlords cannot require you to remove a pet without grounds. A clause giving the landlord unilateral discretion to revoke pet permission is inconsistent with the legislation.
Your legal rights
Pet laws vary by state. Victoria: Landlords must apply to VCAT to refuse a pet and must have prescribed grounds. Queensland: Tenants can keep a pet with consent; consent cannot be unreasonably refused. ACT: Similar to VIC/QLD. NSW: Landlords have broader rights to refuse pets. SA/WA: Landlords can generally refuse pets. In all states, you cannot be charged for bond beyond the statutory cap, and you cannot be charged for cleaning that goes beyond fair wear and tear. State tribunals (NCAT, VCAT, QCAT) can hear disputes about pet-related lease terms.
Questions to ask before you sign
- 1Does the lease permit pets, or does it contain a blanket prohibition — and is that prohibition valid in my state?
- 2What conditions apply to keeping a pet (cleaning obligations, damage liability, species restrictions)?
- 3Is there a separate pet bond, and is that permitted under my state's tenancy legislation?
- 4Who do I notify about keeping a pet, and in what form?
- 5Do body corporate rules for this property restrict or prohibit pets independently of the lease?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.