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No Pets - Now there's a girlfriend with a dog!

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Brad | 18 May 2015, 01:14 PM Agree 0
I have a tenant who used to be reasonable, until he fell in love. Now he's become a complete and utter prat.
His lease states 'NO PETS' but he has now met a 'lady' who has a dog and the dog is being given access to the flat. He states that the dog isn't his but his 'guests' and that he is entitled to have guests. So he isn't breaching his lease, so he says. She spends two to three days in the flat a week, sometimes while he's away at work, the rest of the time she spends at her place.
Can anyone give me their opinion on the aspect of 'Guests and Guests Pets' relating to a lease. The lease states that he is to be the only occupant. I'd really appreciate any thoughts. Thanks, Brad
  • Heather | 26 May 2015, 08:50 PM Agree 0
    Hi Brad
    What state are you in?
    I can comment on Queensland only... ;)
    Regarding the girlfriend...
    The Act does not legislate specifically when a 'guest' becomes an 'unapproved occupant'. Things that may be taken into account include does this 'guest' have another place of residence, where the bulk of their things are kept and where they may for instance have services connected. Another factor for consideration is the length of stay. Again, this isn't legislated, but best practice would generally be considered to be equivalent to someone's annual leave (ie four weeks).
    Your situation is a little different, seeing as the lady's stay isn't one long stretch as such.

    It sounds as though you don't mind the girlfriend so much as the pet she brings...

    Regarding the pet...
    Are you privately managing or through a property manager? The lease should have rules regarding pets in the standard terms.
    The standard clause generally refers that "The tenant may keep pets on the premises only if this agreement states....."

    If the pet is of concern, then based on what you have said, I believe you would have grounds to issue a Notice to Remedy Breach to the tenant for an unapproved pet. Just because she is a guest does not mean the pet is not being kept on the premises. 2-3 days per week with a pet is definitely not okay in my opinion, at a property with no pets approved.

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