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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Just seeing what my rights are to have a pet in a rental

Customer Question

Just seeing what my rights are to have a pet in a rental even with a 'no pets' clause in the lease.
JA: Thanks. Can you give me any more details about your issue?
Customer: We have been in our rental for almost 7 years, we have had a discussion with our landlord for the last few months about allowing a dog. He gave as verbal approval as long as we signed an additional contract and paid a separate pet bond. We agreed. We advise him 2 weeks agon we had found a dog and he said he would let me know once the paperwork was sent to the property manager We text him last night to let him know our application for the dog was approved and we were picking the dog up tomorrow. He has now called us to tell us that we are no longer approved We have asked him and his investors to reconsider as we have already paid hundreds of dollars for pet products, but he basically said that even with us agreeing to sign a contract taking all financial responsibility for pet damage and paying a larger pet bond we can no longer have a pet. You can imagine I am heart broken. I believe while the lease says 'no pets', that VCAT rules for eviction if the clause is broken if landlord can prove the pet is a nusiance or causes damage. That we can't be evicted just for having a pet. Is this true?
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Have you paid for the dog?

Because there is nothing in writing it is your word against the landlords.

Customer: replied 10 months ago.
Not paid for the dog itself but have padi for the dog products
Customer: replied 10 months ago.
I have text message to him saying we have found a dog and I have a response back saying he will send the property manager the paperwork
Expert:  Leon replied 10 months ago.

Good Afternoon

You can try and use them in VCAT to get the lease amended.

But a verbal situation is one that you have to adopt.