Facts on tenants with pets

Xenia,

How do you deal with tenants who have snuck pets in? Ask them to remove them and then evict them if they don't? you could be losing an otherwise good tenant and possibly be losing money through vacancy.

I to am interested in what type of pet clause you put in. What do you do if a tenant wants to buy a pet 1/2 way through the lease?

Thanks Pablo.

Hi Pablo,
Alot of the time we catch tenants who are intending to sneak in pets, usually cats, but this is in the application process. It does not eventuate to a lease as we tell the landlords that we believe that they have commited an act of dishonesty. It is the dishonesty not the pets, that is the problem in this case.

If tenants get pets half way through the lease then we leave it to the discretion of the landlords to decide whether they want to terminate the lease based on the breach. They usually don't! We get them to sign a pet clause half way through and keep a close eye on them.

The pet clause is specific for our agency and not widely available. We are in the business of property management and we do have some specific "tools of the trade"
 
I have been told by my PM that once your tenant signs a 12 month lease you can not put the rent up during that lease. So maybe if you want to up the rent after 6 months, only do 6 month leases...

This is true for Victoria and NSW and possibly others. Not for SA!
SA legislation allows us to increase rents half way through a fixed term 12 month lease. This can only be done if you use correctly worded leases and those that are available to REI members.

IT CANNOT BE DONE ON OCBA LEASES. This means that private landlords cannot incease rents until end of the lease terms only agents with the appropriate leases.

Up to date REI leases also allow all charges of water usuage to be passed to the tenants as well as phone, TV and foxtel connection points (which are traditional landlord expenses in other leases).

Sadly though because most agencies are sales-oriented and not focused on property management there are only about 4 agencies in SA that are using the correct leases that can benefit their landlords :(

Off course we are one of them :D
 
Thanks. Point taken. Previously with my old agent (not going to name any names), i was asked whether I wanted to exclude pets or families with children so I took it as the norm for all agents.

It's funny but what the anti-discrimination legislation actually states for property management is that pms have the right to override a descision by the landlord if it was made on a discrimatory basis!

Of course their is a fine line between wanting to follow the law and losing clients because you are not respecting their wishes. However, prompting a client to be discriminatory is a different matter all together and certainly should not be "the norm".

You cannot descriminate against people with children of any age. In SA you only can if it is a subdivided hammer head block and you (the landlord) is living in the house with the street frontage and renting the back! :rolleyes:
 
.............
You cannot descriminate against people with children of any age. In SA you only can if it is a subdivided hammer head block and you (the landlord) is living in the house with the street frontage and renting the back! :rolleyes:

Must have been a pollie living in the front house of a subdivided hammer head block when those laws were being formed.....;)
 
Here is the legislation from the SA Residential Tenancies act:

Division 2—Discrimination against tenants with children
52—Discrimination against tenants with children
(1) A person must not refuse to grant a tenancy to another on the ground that it is intended
that a child should live on the premises.
Maximum penalty: $1 000.
(2) A person must not—
(a) instruct a person not to grant; or
(b) state an intention (by advertisement or in any other way) not to grant,
a tenancy on the ground that it is intended that a child should live on the premises.
Maximum penalty: $1 000.
(3) However, this section does not apply if the landlord, or an agent appointed by the
landlord to manage the premises, resides in the premises to which the tenancy relates
or in premises adjacent to those premises.
 
I hope you had landlord insurance?

Make sure you put a black mark against her name on the national tenancy database.

Nope, we don't have that type of LL insurance here.
We used those "magic erasers" for what would come off. Had to prime and repaint what wouldn't.
The 3 bedroom unit had been completely repainted less than a year ago. Very disheartnening.
But, that's part of this game, and we know it.

We don't have a tenant database . Too small of town.
 
However, after reading the post about rents going up 50% it has alerted me to the fact I will sign a 1 year lease, but can I put in a clause to increase the rent in that time.

You can put a clause in the 12-month lease that states the rent will be $x after 6-months.
 
This is true for Victoria and NSW and possibly others

Are you this is correct. My wife recently advertised with a rent increase after 6 months. As it turned out an applicant indicated they would pay the higher rental from the outset to secure the property so the clause was never used.
 
IT CANNOT BE DONE ON OCBA LEASES. This means that private landlords cannot incease rents until end of the lease terms only agents with the appropriate leases.

Up to date REI leases also allow all charges of water usuage to be passed to the tenants as well as phone, TV and foxtel connection points (which are traditional landlord expenses in other leases).

Xenia,
How is this the case? Both private landlords and PM's are governed by the same Act of legislation aren't they?
As far as I know, private landlord's do not need to use the OCBA lease, they can write whatever they want as long as it complies with the legislation.
Whats to stop me as a private landlord putting in the same (or similar ;)) conditions as the current REI lease?
 
Mike, I'm not familiar with SA, but I would assume it is just a case of an OCBA lease not having the right stuff/conditions written in it? Aren't we just talking standard forms/templates?
I don't think there is anything stopping anyone drawing up there own lease - but why bother, why not just use hte REI one if you think it is alright. A tenant is going to be happier signing a 'standard' lease.
 
The pet clause is specific for our agency and not widely available. We are in the business of property management and we do have some specific "tools of the trade"

Trade secrets! Why mention the 'pet clause' if you are not prepared to share it. That's why I like this forum: I share what information I have and others do the same. And, we all benefit.

Here's one I don't mind sharing....

ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT ……………….

A. PET AUTHORISATION AND PET DESCRIPTION:
(1) Tenant may not keep any pet on the Property unless specifically authorised by this agreement. “Pet” includes any animal, whether mammal, reptile, bird, fish, rodent, or insect.

(2) Tenant may keep the following pet(s) on the Property until the above-referenced lease ends.
Type:
Breed:
Name:
Colour:
Weight:
Age:
Gender:
Neutered? ❑ yes ❑ no
Declawed? ❑ yes ❑ no

B. CONSIDERATION: In consideration for Landlord’s authorisation for Tenant to keep the pet(s) described in Paragraph A on the Property, the parties agree to the following. (Check any one or any combination of the following.)

❑ (1) On or before the date Tenant moves into the Property, Tenant will pay Landlord a pet deposit of $......... The pet deposit is an increase in the security deposit in the lease and is made part of the security deposit for all purposes. This increase in the security deposit is not refundable before the lease ends, even if the pet is removed. Any refund of the security deposit, including this increase, is governed by the terms of the lease.

❑ (2) The monthly rent in the lease is increased to $.........

❑ (3) Tenant will, upon execution of this agreement, pay Landlord $.......... as a one-time,
non-refundable payment.

C. PET RULES: Tenant must:
(1) take all reasonable action to insure that any pet does not violate the rights of other persons;
(2) comply with all applicable statutes, ordinances, restrictions, owners’ association rules, and other enforceable regulations regarding any pet;
(3) confine any pet that is a dog or cat, when outside, by fences or on leashes under Tenant’s control;
(4) confine any pet other than a dog or cat in appropriate cages at all times;
(5) promptly remove any pet waste from the Property, including all living areas, garages, storage areas, yards, porches, patios, courtyards, and decks; and
(7) promptly remove from the Property any offspring of any pet.

D. ACCESS: Tenant must remove or confine any pet at any time that the pet is likely to limit or prohibit Landlord or other persons access to Property as permitted by the lease.

E. DISCLOSURE CONCERNING PETS:
(1) Is Tenant aware of whether any of the pets described under this addendum has ever bitten or injured another person? ❑ Yes ❑ No
If yes, explain:

(2) Is Tenant aware of whether any of the pets described under this addendum has any propensity or predisposition to bite or injure someone? ❑ Yes ❑ No
If yes, explain:

F. TENANT’S LIABILITY:
(1) Tenant is responsible and liable for:
(a) any damage to the Property or any item in the Property caused by any pet;
(b) any personal injuries to any person caused by any pet; and
(c) any damage to any person’s property caused by any pet.
(2) Tenant will pay all reasonable costs that are necessary to clean, deodorize, deflea, or repair any part of the Property, including but not limited to the carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, appliances, sod, yard, fences, or landscaping.

G. INDEMNIFICATION: Tenant will protect, defend, indemnify, and hold Landlord, Landlord’s property manager, and Landlord’s agents harmless from any damages, costs, attorney’s fees, and expenses that are caused by the act of any pet or Tenant.

H. DEFAULT: If Tenant breaches any provision in this pet agreement, Landlord may exercise all or any of the remedies described under Paragraph 9B of the lease.

I. SPECIAL PROVISIONS:


Cheers,

Bazza
 
Wow... that was excellent.

I think I should copy that and send it down to my PM in Corio....
(read my thread about uninvited dog!)

I wonder if she would use it... probably not! But hey, it's worth a try!!
 
Wow... that was excellent.

I think I should copy that and send it down to my PM in Corio....
(read my thread about uninvited dog!)

I wonder if she would use it... probably not! But hey, it's worth a try!!

Your welcome to Miss Muffitt.

Cheers,

Bazza
 
Thanks Bazza,

Great clause.

Unfortunately section B cannot be used in SA as pet bonds and increases in rent for having pets are not allowed here, so you have to be a bit more subtle about charging a higher rent for pets.

How would you go about adding this clause to the lease. Would you write see attached addendum in the additional conditions section?

Thanks
 
We were showing a bachelor suite today to a prospective tenant. We were walking thru the hallways and Rob mentioned we had 4 dogs etc in the building. Then this little bark came from a tenant's suite who didn't have a dog.
Rob knocked, no answer. Went insise and there was a dog. Rob took its picture.
Checked our emails when we returrned home and the dog's owner emailed and said she had to bring her dog with her (on transfer until end of month).
Easiest $100 we ever made.
 
We had no idea where this dog came from. Our property is completely furnished.
She is leaving at end of the month, and we can show her property to tenants anyways, without any notice from 9 am-9pm.
If we wanted to we could have insisted she remove the dog. She never bothered to call and ask, she told us about it after the fact.Instead we are only going to charge her the $100 like we do with all of our other dog and cat owners in that building.
 
Thanks Bazza,

Great clause.

Unfortunately section B cannot be used in SA as pet bonds and increases in rent for having pets are not allowed here, so you have to be a bit more subtle about charging a higher rent for pets.

How would you go about adding this clause to the lease. Would you write see attached addendum in the additional conditions section?

Thanks

Hi Pablo,

Thanks for pointing out the requirements in SA.

Yes I would just add it as an attachment by refering to it in the specials conditions sections.

Cheers,

Bazza
 
You can put a clause in the 12-month lease that states the rent will be $x after 6-months.

Are you this is correct. My wife recently advertised with a rent increase after 6 months. As it turned out an applicant indicated they would pay the higher rental from the outset to secure the property so the clause was never used.

Yes, you can write in a rental increase after 6 months on a 12 month lease but you must specify the amount it is to increase.

You can't just say we'll have a 'rent review' after 6 months into a 12 month contract. The tenant would be committing to an unknown figure.
 
Just checked with the RTA in Qld regarding Pet Bonds.

"The Residential Tenancies Act 1994 does not include provisions for taking for pet bonds.

If a pet bond is taken, it is likely to be considered to be part of the rental bond. Therefore, any money taken as a pet bond must be lodged with the RTA as rental bond.

If a pet bond is taken, lessors/agents need to take care that the total pet bond and rental bond taken does not exceed the maximum rental bond permitted under the Act."

So, basically the 'Pet Bond' becomes part of the 'Bond'. As in B (1):
"The pet deposit is an increase in the security deposit in the lease and is made part of the security deposit for all purposes."

Cheers,

Bazza
 
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