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Residential Tenancies Act 1999
65AKeeping pets
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65A Keeping pets
(1) It is a term of a tenancy agreement that a tenant may only keep a
pet on the premises in accordance with this section.
Note for subsection (1)
The Disability Discrimination Act 1992 (Cth) provides for rights in relation to
assistance animals.
(2) Any tenant who wishes to keep a pet on the premises must first
give the landlord written notice describing the proposed pet.
(3) The landlord has 14 days after receiving the notice under
subsection (2) to object to the tenant keeping the pet by:
(a) giving the tenant written notice of the objection and the reason
for the objection; and
(b) making an application to the Tribunal under section 65B.
(4) A tenant must not keep a pet on the premises before the expiry of
the 14-day period referred to in subsection (3).
(5) If the landlord does not apply to the Tribunal under section 65B
within the 14-day period referred to in subsection (3), the tenant
may keep the proposed pet on the premises.
(6) If the landlord applies to the Tribunal under section 65B within the
14-day period referred to in subsection (3), the tenant must not
keep the pet on the premises unless the Tribunal orders that the
landlord's objection to the keeping of the pet is unreasonable and
that the tenant may keep the pet on the premises.
(7) A tenant may give a notice under subsection (2) in respect of more
than one pet.
Example for subsection (7)
A notice might relate to an aquarium with multiple species of tropical fish.
Residential Tenancies Act 1999 45
(8) The tenant's right to keep a pet on the premises under this section
is subject to any prohibition on animals or birds applicable to the
premises under:
(a) Part V, Division 6, of the Unit Titles Act 1975; and
(b) Part 3.5, Division 2, of the Unit Title Schemes Act 2009.