If you had a pet in your rented home before Monday 2 March 2020 then the new laws don’t apply to you. If your pet endangers the safety of your neighbours, the landlord can give you an immediate Notice to Vacate. People with dogs describe their pet as a family member. There are some fine points to understand. But before you issue your tenant a Section 21 notice, you may want to consider your options. vest, ID tag, and bandana.) Some leases give the landlord permission at any time to revoke your right to keep the dog. Patty, you may have grounds to file a complaint against your landlord under HUD rules and as a violation of the Fair Housing Act. I have asked about all types of pets: bunnies, cats, dogs, birds. You can go to the VCAT hearing and present your side of the story. “And most people give the place a good vacuum, but generally miss their couch. Mr Nokes, who is also the Real Estate Institute of Victoria’s property management chapter chairman, says good property managers will spot these giveaways every time, and most will immediately address the issue with the tenant. A second “pet bond” is not required and does not need to be paid. But, Mr Nokes said, most tenants could also expect a notice to vacate at the earliest possible point after that. Can my landlord evict me for breaking rule? But they can give you a Notice to Vacate if you don’t follow the VCAT Order. If your lease allows you to have a the dog without restriction, then, unless the dog is a danger to other tenants, you can keep it. DEAR HARRIETTE: I’ve been living in my rental home for three years now. Can a landlord evict me because of my dog? I've lived here 6 months now and the landlord sent me a notarized letter from the courts to get rid of the dog or face eviction. “And unless someone has really sharp nails and decides they want to sharpen them up on the door frame, that’s usually a giveaway — the scratch marks. or is the dog "grandfathered" in ? The landlord could apply to VCAT for an order that you have breached your agreement by breaching the “no pet” clause. If your landlord still hesitates to accept your application, the second method may greatly increase the likelihood by providing certain documentation (e.g. While several Redditors claimed to have gotten away with hiding a pet they weren’t allowed, one property manager user said agents could always tell if a pet was being hidden in a rental — and the experts we spoke to agreed. So, it depends on the lease language. As your question is written, yes you can be evicted. A Notice to Vacate does not mean that you have to move out. No-Pets Policy A no-pets policy is an included clause in a landlord’s lease agreement with a tenant. For a tenant to be evicted for having a pet in their current home before the new laws started, the landlord would need to prove that the pet was causing a nuisance, damaging the property or endangering the safety of neighbours, and if a landlord tried to give a Notice to Vacate simply for having a pet, it would not be valid. If the tenant violates this clause, he or she could face eviction for violating the terms of the lease agreement. Nelson Alexander’s Jason Pettit says it is usually the smell that gives away a hidden pet. The Residential Tenancies Act 1997 and your tenancy agreement prohibit you from damaging the rental property or causing a nuisance. Yes, you could have a basis to evict. We encourage you to think carefully before you decide to get a new pet: You should also be aware of local laws on keeping pets: If you want to get a pet from Monday 2 March 2020 you must: You must use the official Pet Request Form to ask for consent otherwise it won’t count. There is nothing under the law requiring you to pay a “pet bond” if you have a pet. They offer a variety of programs and classes for your dogs, including group training, obedience training, advanced training, reactive dog training, private and one on one in-home training, and board and train services. Cookies and Privacy:This site uses cookies to ensure you get the best experience on our website. Note: You can be given a Notice to Vacate for failing to comply with a VCAT Order or for successive breaches of duty (see When you get a breach of duty notice). But if you haven’t gotten the phone call about your contraband fluffy friend, it doesn’t necessarily mean agents and landlords are in the dark. Check your local council for information on keeping pets: The only way they can refuse is if they get a VCAT order that says it is reasonable for them to refuse. However, for rental agreements with “no pet” clauses that were signed before the new laws started, a landlord or agent may try to threaten a tenant with eviction if they do not get rid of a pet they are keeping in breach of their agreement. To get a Compliance Order from VCAT, the landlord will have to prove that your pet is causing a nuisance or damaging the property.
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