Handling Unapproved Pets
What to do when a tenant keeps a pet without consent
Why Unapproved Pets Matter
Unapproved pets in rental properties can lead to property damage, neighbour complaints, insurance issues, body corporate breaches, and tenant disputes. The process for enforcement varies significantly by jurisdiction — some allow you to issue a removal notice, others require tribunal intervention, and some give you broad discretion to include pet clauses in lease agreements.
This guide outlines what constitutes an unapproved pet, your rights in each jurisdiction, and the steps to take to resolve the issue.
What Constitutes an Unapproved Pet
An unapproved pet is any animal kept in the rental property that:
- Was explicitly prohibited in the lease agreement
- The tenant did not request or receive permission for
- Was requested but the landlord refused in writing and refusal was in accordance with jurisdictional rules - find out more in Mint's guide to pet requests
Your Rights as a Landlord
Your rights depend on whether the pet was truly unapproved or whether it may have been auto-approved due to process errors:
If the Pet Was Never Requested (Truly Unapproved)
In all jurisdictions, if the tenant kept a pet without making a formal request and your contract requires permission, you have the right to:
- Require the tenant to remove the pet
- Issue a breach notice
- Claim damages for pet-related damage (including cleaning, repairs, odour removal)
- Escalate to tribunal proceedings if the tenant refuses to comply
- In some jurisdictions, use the pet breach as grounds for eviction if the pet is not removed
If You Refused a Pet Request (VIC, NSW, QLD, ACT)
In VIC, NSW, QLD, and ACT, refusing a pet request requires following specific tribunal or statutory processes. If you did not follow the correct process (e.g., you didn't apply to VCAT/ACAT within the deadline, or didn't respond to the request within the statutory timeframe), the pet may have been automatically approved and you cannot enforce removal.
Step 1: Document the Evidence
Before taking action, document the situation thoroughly:
- Date and time discovered: Record when you first noticed the pet
- Photos/video: Take clear photos or short video of the pet in the property
- Pet details: Note the type, breed, size, colour, and any behaviour observed
- Signs of pet occupancy: Food bowls, bedding, toys, damage to property, odours
- Neighbour complaints: Document any complaints from neighbours (barking, aggressive behaviour, etc.) with dates and details
- Inspect for damage: Look for scratches, stains, odours, or other pet-related damage
- Lease provisions: Confirm your pet clause is clearly stated in the current lease
Step 2: Contact the Tenant
Before issuing formal notice, contact the tenant in writing (email or letter) to understand the situation:
- State factually what you observed and when
- Reference the pet clause in the lease
- Ask for an explanation or clarification
- Request confirmation when the pet will be removed
- Provide a reasonable timeframe to respond (typically 7-14 days)
Sometimes pets arrive unexpectedly (fostering, temporary care from a friend, stray animals). Speaking to the tenant first can clarify whether this is a temporary situation or a deliberate breach of the lease.
Either Approve the Pet to Stay or Require the Tenant to Remove It
If you choose to allow the pet, you just need to provide permission in writing, and you can consider any addiitonal clauses to amend in the lease contract, check out Mint's guide to approving pets here. If the tenant does not remove the pet voluntarily, you must decide: approve it or enforce removal. If you choose enforcement, your next step depends on your jurisdiction:
| Jurisdiction | Cure Period | Removal Process |
|---|---|---|
|
Victoria (VIC)
|
3 days |
Process: Issue a Breach of Lease Notice (3-day cure period). If tenant does not comply, apply to VCAT for termination order.
⚠️ Important Catch-22: If you demand removal, tenant can submit formal pet request. You must apply to VCAT within 14 days to refuse it—VCAT will assess reasonableness. If pet hasn't caused problems, VCAT may approve the pet permanently. |
|
New South Wales (NSW)
|
14 days |
Process: Issue a 14-day Notice of Breach specifying the breach and lease clause. If tenant doesn't comply, apply to Local Court for Termination Order.
⚠️ Important Catch-22: If you demand removal, tenant can submit formal pet request. You must respond in writing within 21 days with prescribed reason or pet auto-approves. If refused and tenant challenges it, tribunal may approve—meaning pet becomes permanently allowed. |
|
Queensland (QLD)
|
7 days |
Process: Issue a Notice to Remedy Breach (Form 11) with a 7-day remedy period. If not remedied, issue a Notice to Leave (Form 12) with 7 days and apply to QCAT if the tenant does not vacate.
⚠️ Important Catch-22: If you demand removal, the tenant can submit a pet request. You must respond within 14 days with a compliant response or the pet is auto-approved. |
|
South Australia (SA)
|
7 days |
Process: Issue Breach Notice (7-day cure period). If not remedied, apply to South Australian Civil and Administrative Tribunal (SACAT) for enforcement.
⚠️ Important Catch-22 (as of July 1, 2024): If you demand removal, the tenant can submit a formal pet request. You must respond within 14 days with a compliant response (including specific grounds for refusal) or the pet is auto-approved. |
|
Western Australia (WA)
|
14 days |
Process: Issue 14-day Breach Notice. If tenant doesn't comply, apply to Residential Tenancies Tribunal. Tribunal can order removal or terminate tenancy. Note: WA allows pet bonds (up to $260).
|
|
Tasmania (TAS)
|
14 days |
Process: Issue 14-day Breach Notice specifying pet and removal date. If tenant doesn't comply, apply to Tasmanian Civil and Administrative Tribunal (TCAT).
|
|
Australian Capital Territory (ACT)
|
7 days |
Process: Issue Written Breach Notice (7-day cure period). If not resolved, apply to ACT Civil and Administrative Tribunal (ACAT).
⚠️ Important Catch-22: If you demand removal, tenant can submit formal pet request. You must apply to ACAT for order to refuse—ACAT decides reasonableness. If pet hasn't caused issues, ACAT may approve the pet. Without ACAT refusal order, tenant may keep pet. |
|
Northern Territory (NT)
|
7 days |
Process: Issue 7-day Breach Notice specifying pet and removal date. If tenant doesn't comply, apply to Residential Tenancies Commissioner.
|
|
New Zealand (NZ)
|
14 days |
Process: Issue Notice to Remedy Breach (14-day compliance period). If not complied, issue 90-day Notice to Vacate. If tenant doesn't vacate, apply to Tenancy Tribunal. Serious breaches: If pet poses health/safety risk, may apply for urgent termination.
⚠️ NZ Catch-22 Warning (Effective December 1, 2025): If you demand pet removal via breach notice, the tenant can submit a formal pet request under Section 42E RTA 1986, requiring you to respond within 21 days with reasonable grounds for refusal. If you fail to respond or refuse without reasonable grounds, the pet may be automatically approved through Tenancy Tribunal challenge. Consider whether you have reasonable grounds to refuse before issuing a breach notice.
|
What You Can Claim for Pet-Related Damage
If the pet has caused damage, you may require the tenant pay for:
- Cleaning: Professional carpet and upholstery cleaning, odour removal, flea treatment
- Repairs: Scratched doors, damaged walls, torn carpet, broken fixtures bitten or damaged by the pet
- Replacement: Flooring or fixtures that cannot be repaired
- Pest control: Flea or pest treatment if the pet attracted or harboured pests
Claims must be reasonable and documented. Get quotes from professional cleaners or tradespersons to support your claim.
Mint's Takeaway
When you discover an unapproved pet, follow these steps:
- Document: Photos, dates, damage, and tenant communications are essential for any dispute
- Contact the tenant: A conversation or email often resolves the issue without escalation
- Issue formal notice: Breach notices vary by jurisdiction (7–14 day cure periods); check your local rules
- Serve properly: Ensure your notice complies with statutory requirements or it may be invalid
- Follow your jurisdiction's timeline: Missing deadlines or skipping steps can weaken your case
- Escalate if needed: If the tenant does not comply, apply to tribunal with full documentation
- Claim damages: Professional cleaning, repairs, and pest control can be claimed if the pet caused harm
Mint helps landlords track breach timelines, manage documentation, and ensure compliance with jurisdiction-specific rules so you're never caught out by missed deadlines or procedural errors.