Landlord Rights of Refusal for Pet Owners & Smokers

When it comes to leasing a property you own, knowing the landlord rights about allowing or refusing pets can play a huge factor in the level of enquiry your property will receive. If you own a unit/apartment or townhouse, many body corporate guidelines permit a small pet (up to 10kgs). If you own a house with a yard, you might like to consider allowing pets. Many of the tenants looking for houses are families or young couples. They are typically looking for a house because they need a yard for their pet. With so many tenants on the market who have pets, refusing to allow pets at a property could drastically decrease the amount of enquiry you receive. Always remember that the lease agreement will contain protections against any damage caused by pets and by allowing pets. What’s more you’ll have a much better chance at renting your property faster and achieving maximum rental return available at that time. If you’d like further information on how to make the most money from your rental property check out this article.

As a lessor for a property in Queensland, you have the right to refuse tenants based on certain conditions stipulated in the Residential Tenancies Authority (RTA) Act.

The RTA administers the Residential Tenancies and Rooming Accommodation Act 2008 which is the law for renting residential housing in Queensland. The Act covers both tenants/residents and property managers/owners and providers renting houses, units, townhouses, rooming accommodation, caravans and houseboats.

As a property owner, you need to ensure that you are fully aware of your rights, but also the rights of your tenants.

Two Most Commonly Asked Landlord Rights Explained

  1. What Are The Landlord Rights regarding refusing tenancy applications with pets?

    As a lessor, you have the right to accept or refuse pets at your investment property. If your property is a house with suitable fencing, it is recommended that consideration be given to allow a pet at the property. This type of property may attract people with pets therefore broaden your options in the market place.

    You can request a special term that tenants are to keep the pet/s outside only. A special term will be added to the tenancy agreement to require tenants to carry out pest control upon ending the tenancy.

  2. What Are The Landlord Rights regarding refusing tenancy applications for smokers?

    As a lessor, you have the right to have a special term in your tenancy agreement that there is to be no smoking inside the property.  The tenant has a right by law (section 183 RTA Act) to have peace, comfort and privacy at the property. This is often interpreted to include the right to smoke outside the property. Terms that require outright no smoking at the property are difficult to enforce. They could be in breach of the section 183 provision mentioned above.


Information provided by © Stacey Holt’s Real Estate Excellence

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If you have a property in South East QLD that you would like to discuss with one of the team members at Calibre, then please feel free to call our office at (07) 3367 3411 or lodge an enquiry on the “Property Management” page on our website

If you’re ever unsure of your landlord rights ask your Property Manager. They should be on hand to answer any questions or concerns you may have. Keeping abreast of the RTA’s regulations can save you from potential headaches in the long run. Especially where conditions such as pets and smokers residing in your investment property are concerned.

191 Musgrave Road,
Red Hill QLD 4059

07 3367 3411