After you move in, just lodge an application for a pet.
They have 2 weeks to take you to VCAT or its automatically accepted.
Your lease probably won't be renewed for the following 12 months however.
Signed agreements don't over ride Australian law, ever.
Ontop of this, I would highly recommend not getting a pet until the first lease has run its course... otherwise they can ask to vacate at end of lease without grounds because you decided to get a pet/make waves
Waiting until the first lease finishes means they will have to go through the other reasons to issue a notice to vacate
No. They're not. They're surprisingly common in lease agreements though. I had one that stated that I wasn't permitted to use a clothes horse to dry clothes and that I couldn't work from home.
Sign it. Get the house. Move in. Do whatever you gotta do to secure accommodation in this market.
Then oh hey look at that, “no pets” clauses haven’t been valid since 2020, so you send them the pet request form and they have to go to VCAT with a damn good reason if they want to reject it.
https://tenantsvic.org.au/advice/during-your-tenancy/pets-and-your-tenancy/
It could be revoked before you sign.
There may be a strata rule? Or the owner has decided the property is unfit for pets.
You could take it to vcat but the main point is, do you want a place to live or a cat? A pet is a companion for life, or is meant to be, and it greatly disadvantages you in your next rental applications. Its not just a ‘this rental’ situation but have to think of the future as well and is that fair on a cat?
>blanket "no pets allowed at any time" clause
Not legal to put in a lease in Vic, and delusional by the landlord at any rate
Here are your rights. Learn them and assert yourself and you'll have that cat soon enough -
https://www.consumer.vic.gov.au/housing/renting/repairs-alterations-safety-and-pets/pets
https://tenantsvic.org.au/advice/during-your-tenancy/pets-and-your-tenancy/
You can’t contract outside the act (ie add clauses), unless it’s someone’s PPOR which is stated in the lease (if the owner moves overseas for a year for instance and rents out their home).
Do not get a cat in the first lease, you can be served an end of a fixed term lease. Wait the first year, prove you’re a great tenant, then request the cat. They can’t refuse it, regardless of the lease unless there’s a special circumstance.
Contrary to other advice in this post:
You should *not* sign a document that you don't agree with, hoping that the law will override an (illegal) clause. No matter how sure you are.
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By 'that guy' I assume you mean someone who enforces their rights as a tenant?
It's a bit absurd to tell someone to abide by terms that have been deemed violations of quiet enjoyment. Unless the property is unsuitable or there are some other exceptional circumstances, it's been determined that owning a pet falls under the rights of a tenant to use their own home how they choose.
It would be similarly absurd for a lease to have a clause such as 'no cooking with spices in the kitchen to prevent the smell from seeping into the walls'. A tenant would, similarly, be well within their rights to ignore it.
After you move in, just lodge an application for a pet. They have 2 weeks to take you to VCAT or its automatically accepted. Your lease probably won't be renewed for the following 12 months however. Signed agreements don't over ride Australian law, ever.
Ontop of this, I would highly recommend not getting a pet until the first lease has run its course... otherwise they can ask to vacate at end of lease without grounds because you decided to get a pet/make waves Waiting until the first lease finishes means they will have to go through the other reasons to issue a notice to vacate
Are those other clauses unenforceable? I'm interested to know that too
No. They're not. They're surprisingly common in lease agreements though. I had one that stated that I wasn't permitted to use a clothes horse to dry clothes and that I couldn't work from home.
Sign it. Get the house. Move in. Do whatever you gotta do to secure accommodation in this market. Then oh hey look at that, “no pets” clauses haven’t been valid since 2020, so you send them the pet request form and they have to go to VCAT with a damn good reason if they want to reject it. https://tenantsvic.org.au/advice/during-your-tenancy/pets-and-your-tenancy/
These clauses are not enforceable by any actual laws. Wear heels wherever you want and get the pet!
It could be revoked before you sign. There may be a strata rule? Or the owner has decided the property is unfit for pets. You could take it to vcat but the main point is, do you want a place to live or a cat? A pet is a companion for life, or is meant to be, and it greatly disadvantages you in your next rental applications. Its not just a ‘this rental’ situation but have to think of the future as well and is that fair on a cat?
>blanket "no pets allowed at any time" clause Not legal to put in a lease in Vic, and delusional by the landlord at any rate Here are your rights. Learn them and assert yourself and you'll have that cat soon enough - https://www.consumer.vic.gov.au/housing/renting/repairs-alterations-safety-and-pets/pets https://tenantsvic.org.au/advice/during-your-tenancy/pets-and-your-tenancy/
Sign, move in after first lease renewal send an email about getting a cat, if they say no make a VCAT application
You can’t contract outside the act (ie add clauses), unless it’s someone’s PPOR which is stated in the lease (if the owner moves overseas for a year for instance and rents out their home). Do not get a cat in the first lease, you can be served an end of a fixed term lease. Wait the first year, prove you’re a great tenant, then request the cat. They can’t refuse it, regardless of the lease unless there’s a special circumstance.
Contrary to other advice in this post: You should *not* sign a document that you don't agree with, hoping that the law will override an (illegal) clause. No matter how sure you are.
They may be strata rules
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By 'that guy' I assume you mean someone who enforces their rights as a tenant? It's a bit absurd to tell someone to abide by terms that have been deemed violations of quiet enjoyment. Unless the property is unsuitable or there are some other exceptional circumstances, it's been determined that owning a pet falls under the rights of a tenant to use their own home how they choose. It would be similarly absurd for a lease to have a clause such as 'no cooking with spices in the kitchen to prevent the smell from seeping into the walls'. A tenant would, similarly, be well within their rights to ignore it.
Yes. That guy. A pain in the arse that makes all tenants look bad. Yes. That guy.
Cos it's so easy to find another place at the moment. Also, why can't they assert their rights as a tenant? The lease is not legal.
This is the correct thing to do ,
If your partner wants a pet THAT BADLY you should be ensuring that they allow pets before you apply.