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Pets

From 1 July 2024, a tenant may keep a pet at their rental premises with the landlord's approval [Residential Tenancies Act 1995 (SA) s 66C(1)]. A landlord may only refuse a request to keep a pet on prescribed grounds [s 66C(4)].

Prescribed grounds

A landlord may only refuse a tenant's request to keep a pet at their rental property on the basis that [s 66D]:

  • keeping the pet would exceed a reasonable number of animals being kept on the premises
  • the premises are unsuitable due to a lack of appropriate fencing, open space or something else needed to humanely accommodate the pet
  • keeping the pet would pose an unacceptable risk to the health and safety of a person (including, for example, because the pet is venomous)
  • keeping the pet would contravene a law, a by-law, council rule or other restriction applying to the premises
  • the tenant has not agreed to reasonable conditions proposed by the landlord for approval to keep the pet
  • the animal stated in the request is not a pet
  • the premises is a moveable dwelling, and keeping the pet would contravene a licence condition applying to the premises.

Reasonable conditions

A landlord may approve the tenant's request unconditionally or subject to reasonable conditions [s 66C(4)]. Reasonable conditions should be set out in writing and based on the type of pet and the nature of the premises [s 66C(8)] and may include [s 66C(9)]:

  • a requirement that the pet be restrained when the landlord or an agent enters the premises
  • a requirement that the pet be kept outside, unless it is ordinarily kept inside
  • a requirement that any carpets be cleaned to a professional standard when the tenancy ends, if the pet is allowed inside.

A landlord may not impose a condition that would require a tenant to [s 66C(10)]:

  • pay additional rent, a higher bond or any additional fee or charge
  • buy goods or services from a specific person or business
  • provide any form of security.

Applications and appeals

A tenant may seek approval to keep a pet when applying for a residential tenancy or at any time during a residential tenancy by giving the landlord a completed Application for approval to keep a pet on rental premises [s 66C(2)].

The landlord or their agent must, within 14 days after receiving the request, approve the request, approve the request with reasonable conditions, or refuse the request on prescribed grounds [s 66C(4)]. If the landlord refuses the application, they must set out in writing the prescribed grounds for refusal and why they believe they apply.

A tenant refused approval to keep a pet at their rental premises may apply to SACAT for a review [s 66E].

Exempt animals

The above rules only apply to pets. A tenant is entitled to keep an exempt animal at their rental premises with or without their landlord's approval [s 66C(1)]. An exempt animal means an assistance animal or a therapeutic animal as defined in the Equal Opportunity Act 1984 (SA)].

For more information about renting with pets, read Consumer and Business Services' Renting with pets: Rights and responsibilities (PDF, 280 KB).

For other information about pet ownership, you may wish to read our section on Animals which includes information about dog and cat ownership, registration and microchipping.

Pets  :  Last Revised: Thu Jul 25th 2024
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.