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Just seeing what my rights are to have a pet in a rental…

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Just seeing what my...

Just seeing what my rights are to have a pet in a rental even with a 'no pets' clause in the lease.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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?

Submitted: 2 years ago.Category: Australia Law
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Answered in 24 minutes by:
2/1/2016
Solicitor: Leon, Solicitor replied 2 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,918
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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.

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Customer reply replied 2 years ago
Not paid for the dog itself but have padi for the dog products
Customer reply replied 2 years 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
Solicitor: Leon, Solicitor replied 2 years 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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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