Keeping a pet in a rental property

Tenants do not have to ask for consent to keep an assistance animal. However, tenants should notify the landlord if they have an assistance animal. This avoids a misunderstanding that the assistance animal is a pet living in the property without the landlord’s consent.

If a tenant is keeping an assistance animal at the property, the landlord may ask them to provide supporting information such as information that shows the animal is:

• accredited under a State or Territory law
• accredited by a relevant animal training organisation
• registered as an assistance animal in the NSW Pet Registry, or
• trained to assist a person with a disability and meets standards of hygiene and behaviour that are appropriate for an animal in a public place.

Landlords should not ask for private medical records as supporting information.  

Learn more about assistance animals.

There are different rules for the approval of pets for tenants that live in purpose-built student accommodation. This is a type of high-density, communal living that is specifically for students who are studying at a NSW educational institution.  

Students in this type of accommodation can request to keep a pet, but the landlord can refuse the pet if they choose. The landlord does not need a specific reason.   

The landlord can refuse a pet if allowing it would lead to an unreasonable number of animals living at the property.

Four animals (or less) is a reasonable number of animals under rental laws. Therefore, this reason can only be used if there are more than four animals in total, and the amount of animals is unreasonable. The landlord will also need to explain in their response to the tenant how the number of animals is unreasonable.  

If a landlord has concerns about four or less animals, they can still use other reasons for refusal that apply.

Example

The tenant asks for two dogs and two guinea pigs.  

As the total number of animals requested is four, the request cannot be refused for the reason that there are too many animals.

Example

The local council has rules that say that more than 2 dogs cannot be kept at a property. The tenant sends the landlord an application requesting permission for three dogs.  

The landlord can refuse three dogs using the reason that more than two dogs are not allowed under other laws.  

The landlord can refuse a pet if the fencing at the property is not appropriate for the animal.

If the animal can escape from the property, then the fencing may not be appropriate.

However, the landlord cannot use this reason if the fencing is not appropriate because the landlord hasn’t kept it in a reasonable state of repair.

Fencing also cannot be used as a reason to refuse a pet if the pet will be kept:

• within an enclosure (such as a hutch, aviary, or tank), or  
• indoors, and is only taken outside under the physical control of a person (for example, on a leash or in a carrier).

The tenant can ask to make changes to a rental property. A landlord can’t unreasonably refuse a tenant’s request to make a change that does not penetrate or permanently modify a structure or fixture at the property – for example, a temporary attachment to a fence to close a gap that could otherwise allow a small dog to escape.  

Example

The tenant asks to keep a dog outside at a property with a large backyard but no fence. The landlord can choose to refuse the pet because there is no suitable fencing that will contain the animal.  

Example

The tenant asks to place an aviary outside. The property has no fence, but since any birds will be kept in the enclosed aviary, the fencing is not a relevant reason to refuse. 

The landlord can refuse a pet if there is not enough open space for the pet at the property.

There is not enough open space if the pet won’t be able to: 

• go to the toilet outside
• live outside (if it’s an animal that won’t live indoors), or
• be able to exercise properly. 

If the pet can go to the toilet hygienically indoors (for example, in a litter box or within their tank), or will be taken off the property to go to the toilet, then ‘not enough open space for toileting’ is not a reason to refuse. 

Similarly, if the pet can get enough exercise inside, or will be taken off the property to exercise properly, then ‘not enough open space for exercise’ is not a reason to refuse. 

The open space reason also does not apply if the animal will be kept in an enclosure, provided there is enough space for the enclosure. 

Landlords who have a strata property should keep in mind that ‘open space’ includes areas of the common property where the pet is allowed to be. For example, a pet-friendly garden area in a strata scheme would count as open space for the pet. 

Example

The tenant asks to keep a cat in their apartment. The animal can reasonably go to the toilet indoors using a litter box, and therefore the landlord cannot refuse based on a lack of open space for toileting.

Example

The tenant asks to keep a dog in a townhouse with a small patio. The dog can’t run on the patio but will be taken off the property to exercise on a walk. The landlord cannot refuse based on a lack of open space for exercising. 

The landlord can refuse a pet if the nature of the property means that the pet cannot be humanely kept there.  

NSW has laws for minimum care and the prevention of cruelty to animals.  

This reason could apply if there is something about the property that is very dangerous for the pet, or would stop it from receiving necessary food, shelter or care. 

The landlord can refuse a pet if it is highly probable that the pet will cause more damage to the property than the amount of the rental bond. 

Landlords could consider characteristics of the property, animal and action by the tenant, to help evaluate whether damage is highly probable. For example: 

Will the tenant take any preventative actions?

This could include setting toileting areas, ensuring animals are trained, placing rugs to protect floors or carpets, using furniture covers if the premises is furnished, and exercising or otherwise stimulating the animal.  

Is the tenant proposing any minor alterations to reduce risk of damage? 

A minor alteration includes changes that do not penetrate a surface, or permanently alter a surface, fixture or the structure at the rental property. For example, the tenant may propose controlling the pet through installing removable padding, gates, netting or enclosures.  

How does the property itself create or prevent risks? 

An example could include a property has tiled or concrete flooring that is harder to damage. Or the property may have unique or high value fixtures or features that increase the significance of damage.

The landlord can refuse a pet if keeping the pet at the property would be against other laws, including:

Council rules 

Some local councils have limits on the number of animals that can be kept on a property (like no more than two dogs). Tenants living in these council areas must also comply with these laws. If the pets the tenant wants to keep are not allowed under local council laws, then the landlord can use this reason to refuse.  

Council laws also set out rules for animals like chickens, pigs, horses, and cattle, and where they can be kept. Some councils do not allow these animals in residential areas.  

Tenants and landlords should check their local council laws before sending or responding to a pet application.

Strata and other by-laws 

Strata schemes can create rules for people who live in the scheme, called by-laws. Community schemes, precinct schemes, and neighbourhood schemes are like strata schemes but on a larger scale.  

The by-laws for these schemes may include rules for keeping pets. However, in NSW, a by-law that bans all pets is not valid and cannot be used to refuse a pet.

Community rules 

Residential land lease communities are living arrangements where a home sits on land owned by a community operator, and the homeowner leases the land from the operator. Tenants may then lease the home from the homeowner. An example is a manufactured home or a movable dwelling, like a caravan.  

Operators of residential land lease communities can create rules for the people that live in that community, including rules about pets.  

Other rules

New South Wales has a number of laws about how animals can be kept.  

Tenants should also consider if there are any other laws that apply to their pet. For example, in NSW dogs and cats are required to be microchipped and registered.  

Owners of native animals or reptiles may also need to have a licence. Some other animals are restricted or prohibited entirely in NSW.

The landlord can refuse a pet if they also live in the same home. They do not have to give a more specific reason.  

This reason can also be used if the landlord is a head tenant living in the property and is subletting the property to other tenants.

This ensures people do not have to live with an animal that they are scared of, allergic to, or do not want to be near them for other reasons.

The landlord lives in the rental home if the tenant can access, enter and use the same home as the landlord. For example, a landlord living in a townhouse or apartment next door to the tenant is not living in the same rental home. 

The landlord could refuse a pet if they discussed reasonable conditions with the tenant and the tenant did not agree to those conditions. 

To use this reason to refuse, the landlord should discuss in good faith any conditions for the animal to ensure they are reasonable.  

Landlords should be aware that a tenant can challenge conditions that are unreasonable.

Any type of animal can be a ‘pet’. However, an assistance animal is not a pet.

There are also some types of animals that are restricted or prohibited in NSW under other laws. A landlord can refuse a pet if keeping the pet at the property would be against other laws.

If a landlord has already consented to pets being in the property, then it is not necessary to reapply. This includes any pets that were approved before the new laws for keeping pets started.

If the landlord’s consent was verbal, tenants should ask for the landlord’s consent in writing for their records.

Tenants must apply for consent for any type of animal that will be kept on the rental property. This includes small animals like insects, fish, and reptiles.

Tenants must apply for consent for any animals that will be kept on the property.

Tenants intending on using the property for activities such as breeding, rescuing, or fostering animals, may wish to discuss this with the landlord before applying.

This means the landlord will be aware of the number and type of animals the tenant expects to keep. This can avoid disruptions to intended activities later if the landlord has a reason to refuse the animals.

Landlords can give consent before the tenant applies for a pet. They can give general consent to any number or type of animals that they want to allow at the property. 

For example:

• landlords can consent to the tenant keeping any fish in the property without needing to apply
• landlords can also consent to the tenant keeping a certain number of cats at the property without needing to apply.
   

The 21 day time frame starts the day after the application is given to the landlord or their agent. All days of the week are counted in the 21 day time frame, including weekends and public holidays.

For an application sent by email or given in person, the timeframe starts the day after it is emailed or handed to the landlord or agent. For example, if given on May 19, the time frame starts on May 20.

For an application sent by post, an extra seven working days must be added to allow the post to be delivered. This seven day period does not include weekends or public holidays. 

For example, if posted on Monday 19 May 2025, the application is given to the landlord on Wednesday 28 May 2025. The 21 day time frame would then start the day after, on Thursday 29 May 2025.
 

An application that is given without the agreement of all tenants on the agreement is not a valid application. Therefore, the 21 day time frame will not start. 

Landlords or agents should advise the tenants that the application needs to be signed by all tenants. The tenants can give the landlord the application again once fully signed.
 

A landlord cannot refuse consent for a pet based on religious reasons, unless they are living in the same rental home as the tenant.
 

A landlord cannot refuse consent for a pet because of an allergy, unless they are living in the same rental home as the tenant.
 

A landlord cannot refuse consent solely because a dog is restricted or has been declared dangerous or menacing. They can use any of the permitted reasons to refuse, if they are applicable. 

This also applies to animals that have been declared a nuisance. 

Tenants with an animal that is restricted, dangerous, menacing or a nuisance should be aware of the legal requirements for their animal and must comply with the terms of the agreement, including not interfering with the reasonable peace, comfort and privacy of neighbours.
 

A landlord can refuse if they live in the same rental home as the tenant. This means the tenant has a right of possession (entry, access and use) to the home the landlord lives in. 

This will depend on what is included in the tenant’s agreement, but in most cases, it is unlikely that a tenant that occupies a separate granny flat would have been given possession of the same home as the landlord. 
 

Landlords can use the buyers search to check the pet’s microchip details on the NSW Pet Registry. They will need the pet’s microchip number to do this.

The microchip number can be found in the pet application form if the tenant already has or knows the dog or cat they are applying for. If the tenant is applying for consent for a dog or cat but does not yet have the pet, a landlord can request the information from the tenant once they have the pet.
 

Landlords cannot withdraw consent that has been given to the tenant for an animal. Consent to keep an animal continues until the tenant leaves the property or the animal passes away. 

If a landlord wants to withdraw consent because the animal is causing problems, then they should discuss the issue with the tenant. The tenant must comply with their responsibilities under the agreement or risks breaching the agreement.
 

A tenant who keeps a pet at a rental property without the landlord’s consent will be in breach of the agreement.

The tenant can apply for consent to keep a pet in a rental property at any time. 
 

A tenant that does not comply with reasonable conditions of their tenancy agreement will be in breach of the agreement. 
 

It may be necessary for a landlord, landlord’s agent or a tradesperson to enter the property for routine inspections or to address repairs. Tenants should control their pet(s) to avoid interfering with lawful access to the property. 
 

If a tenant’s pet gives birth during a tenancy, then they would need to apply for consent to keep the babies on the property.
 

It is the tenant’s responsibility not to intentionally or neglectfully cause or permit damage to a rental property. Tenants must keep the property reasonably clean and leave it in a similar condition to when the tenancy began, except for fair wear and tear.  

Tenants also have a responsibility not to cause a nuisance to others or interfere with the reasonable peace, comfort, or privacy of neighbours. Ongoing issues where a pet is considered a nuisance or causes excessive noise or damage may breach the residential tenancy agreement. 
 

Tenants must leave a property in as similar a condition as possible to when the tenancy began, except for fair wear and tear. 

If there was no infestation at the time the property was rented out, and the infestation was caused by the tenant (and not because of structural issues, e.g. termites) then the landlord can ask the tenant to rectify the infestation. This applies even if the pet did not cause the infestation. 

Learn more about who is responsible for removing or exterminating pests or vermin during a tenancy.
 

Tenants must leave a property in as similar a condition as possible to when the tenancy began, excepting fair wear and tear. 

If there is damage such as staining to carpets that is not a result of fair wear and tear, the landlord can ask the tenant to rectify the damage. This applies even if the damage was not caused by the pet. 
 

If there is a condition requiring a tenant to professionally clean the carpets at the end of the tenancy, it must be carried out regardless of the state of the carpets. 

However, the condition only applies if: 

• it was given as a condition of consent in the landlord’s response to the pet application form, and
• it was appropriate for the animal and the rental property, and
• the pet was kept indoors.
   

If there is a condition requiring the tenant to have the property professionally fumigated at the end of the tenancy, it must be carried out regardless of whether there is an infestation. 

However, the condition only applies if:

• it was given as a condition of consent in the landlord’s response to the pet application form, and
• the pet was a mammal, and
• the pet was kept indoors.
   

Conditions about end of tenancy requirements will continue to apply, even if the pet no longer lives in the property, for example, if they have passed away.