How owning a pet affects your rent
This debate is a sensitive one because many consider their pets as family members and restricting people from keeping pets in their rental homes is viewed as a cruel act against both the owner and the pet.
One of the more delicate and contentious issues regarding leases in South Africa is the debate surrounding pets in a rental property and how reasonable the restriction on keeping pets within a lease really is.
“As a residential rental specialist, I deal with the matter on a monthly basis,” says Grant Rea of RE/MAX Living.
“Many landlords simply disallow pets entirely, eliminating a large percentage of people from their potential pool of tenants.
“This is a particular issue in Cape Town where many people are ardent pet owners.”
He adds that many argue that if a pet is not a nuisance or does not bother other residents, the permission cannot be withheld.
While this argument has merit, the property owner still maintains the right to withhold this permission.
“Where a lease is silent on the matter it becomes more complicated, especially if the tenant did not have a pet at the commencement of the lease but acquired one later.
“In my opinion, the landlord would have to demonstrate how the ownership of the pet may be prejudicial to either the owner or the property.
“However, there is currently no law that covers any rights to pet ownership in the tenancy scenario. If the landlord agrees to the tenant keeping the pet, it would not be unreasonable for a landlord to ask for an addendum to the lease pertaining to the behaviour of the pet and potential damages. “So naturally a clause regarding pet ownership is essential in the lease.”
From a landlord’s perspective, if and when they decide to allow pets, either in a ‘pet friendly’ sectional title unit or freestanding home, it is important to clearly highlight the conditions for such permission to the tenant. As a tenant, it is vital to not keep the pet a secret from the landlord and get clear written permission before moving into the property.
Tenants should be upfront with their landlords and let them have as much information about the animal as possible. This information could include a picture, confirmation of sterilisation and inoculation details, breed and temperament.
“Our standard rental agreements are clear on the pet owner/ tenant’s responsibility in keeping the pet under control at all times. The tenant also needs to ensure their pet is not a nuisance and does not damage the property, failing which the tenancy may be terminated or the pet must be rehomed,” explains Rea.
He adds that many owners in sectional title developments are restricted from keeping any pets in terms of the Conduct Rules; however this may on occasion be overturned with explicit permission from the trustees.
“This is becoming less prevalent as developments are simply clamping down on pets being allowed in blocks at all.
Often conflict arises when pets are seen in a complex and new tenants assume a precedent has been set, so they acquire a pet or rent a property without checking on house rules on pets beforehand,” says Rea.
He adds that if a tenant has pets, they need to consider whether the rental property is in fact suitable for their pet.
Many smaller apartment spaces are simply inadequate for most dogs, but may be suitable for smaller caged animals or cats if they are house-trained. “Ideally, as a tenant with a pet, simply avoid properties that are not advertised as being pet friendly,” advises Rea.
“Generally, pets can result in much conflict at the end of leases, with dogs often the cause of damage to gardens, wooden floors and the like.
Flea infestations, the remnants of pet hair or foul smells and damage to carpets often crop up too. It is highly advisable that landlords request and hold a larger deposit when pets are allowed,” Rea concludes.
