Hi All
After much reading the sad state of affairs with how the TT say a landlord couldn't define intentional damage when someones dog urinated on carpet even with a no pet policy, plus no additional bonds are allowed for pets, I have made up the following pet clause for a dog. I think I have got around the problem - let me know what you think - is there any wording I should change?
I know - don't let to pet owners if I don't have to. However I figure DINKY adults with a dog is less damage than 2 kids for example.
Here is my full dog clause below - the juicy bits are nearer the bottom.
******
This dog clause applies to any and all tenants on the agreement. Please note Clause 2 of the tenancy agreement also applies to the dog clauses - jointly and severally.
Tenant 1 Name ………………………………………………………………….
Tenant 2 Name ………………………………………………………………….
Tenant 3 Name ………………………………………………………………….
Dog Name: ___________________________ Breed ____________________________________________
Year Born or DoB______/______/______ Weight ________ kg, Colour __________________________
Sex M / F Neutered Y / N Council rego ___________________________
How long have you owned this animal? _____________
Landlords name on your application that can provide a reference for your pet ________________________
Brand of flea treatment used: _________________________________Frequency ____________________
Has your dog caused damage to any other property in the past? If yes please give details ______________
__________________________________________________ ____________________________________
Is your dog toilet trained? __________________________________________________ _______________
Is it your intention that the dog is allowed indoors at all? Yes / No
All the information below applies to a cold wet winters day or night.
Location of dogs kennel on the property __________________________________________________ ____
At night, where will your dog sleep? (circle) Inside the house / In kennel free in the back yard / in its dog kennel and run in the back yard / in the garage / other:
Specify __________________________________________________ ________________________
During the day time when everyone is at work where will your dog be kept? (circle) Inside the house / In kennel free in the back yard / in its dog kennel and run in the back yard / in the garage, other
Specify __________________________________________________ ________________________
A night if everyone is out where will your dog be kept? (circle) Inside the house / In kennel free in the back yard / in its dog kennel and run in the back yard / in the garage other:
Specify __________________________________________________ ________________________
The tenant acknowledges that the landlord has agreed to allow the tenant to keep the above mentioned dog detailed above on the property as a specific term of the agreement. The landlord does not warrant or imply in any way that it will consent to other dogs or any other animal being kept on the property in the future.
If the tenant wishes to keep a different pet then the tenant must obtain the prior written permission of the landlord. The landlord is not obliged in any way to grant consent to any other pet being kept on the property.
The tenant agrees that their abovementioned animal is of suitable disposition, the tenant has an accurate knowledge of its historical tendencies of the animal, or is trained, or supervised, or kennelled in such a manner, has no urination problems inside a house, that it will not cause property damage. Therefore the tenant agrees that by keeping the above dog on the premises, that in the event should any damage be caused by that dog to floors, curtains, walls, window sills, gardens, or any other damage will be considered intentional damage and the tenant agrees that the landlord will use the bond or guarantors security to pay for the repair of any damage. This may be more than the deposit.
The tenant further agrees that after one single event of damage the dog will be physically restrained from being able to preform that act again. For example urination on the carpet, will immediately result in the dog not being allowed inside the house ever again. Digging up gardens, the dog will not be allowed to be loose in the back yard ever again. Therefore any second event of damage the dog causes is intentional.
The tenant is advised the landlord has no insurance for pet damage.
The tenant agrees that their abovementioned animal is of suitable disposition, the tenant has an accurate knowledge of its historical tendencies of the animal, or is trained, or supervised, or kennelled in such a manner, has no urination problems inside a house, that it will not cause property damage. Therefore the tenant agrees that by keeping the above dog on the premises, that in the event should any damage be caused by that dog to floors, curtains, walls, window sills, gardens, or any other damage will be considered intentional damage and the tenant agrees that the landlord will use the bond or guarantors security to pay for the repair of any damage. This may be more than the deposit.
The tenant must notify the landlord and pay for the remedy for any damage caused by the dog to the house or grounds immediately.
The tenant must clean dog fouling from the grounds a minimum of weekly.
The tenant must care for the dog properly and comply with general SPCA standards and guidelines for the treatment of dogs.
The tenant must control the dog so that it is not allowed to roam beyond the boundary section and it is not allowed to create any other type of nuisance to neighbouring properties.
The tenant must restrain the dog on days the landlord advises an inspection is due to be carried out or for other maintenance or repair contractors.
The tenant agrees to waiver the privacy act and allow the landlord to access information and speak to the appropriate people in the dog control department at council in relation to the dog.
The tenant agrees they have made their own assessments that the existing fencing is suitable to contain their dog should they wish to let it roam free in the back yard. The tenant further acknowledges that the landlord gives no guarantee as to the suitability of the fencing to retain the dog and shall not pay for improvements or repairs should this not be the case, for example but not limited to if the dog jumps over the fence frequently and escapes and a higher fence is required to contain the dog.
The tenant agrees to have all the carpets commercially cleaned within the last 4 days before departing from the property as the only way to best reasonably remove most of the pet allergens, odours and fur. A copy of the receipt shall be supplied to the landlord. Supermarket Rug Doctor is not permitted.
If any of these terms are breached, the landlord may follow standard procedures relating to breach of tenancy agreement.
Signed Landlord: ……………………………………….………..………………. Dated ……………………………………….
Signed Tenant: …………………………………………………………..……….. Dated ………………………………………..
Guarantee
The Residential Tenancies Act clause 18A(3)(b)ii allows for a cash security to be obtained via a guarantor.
The guarantor must be a person who does not reside at the premises.
Security: The landlord shall receive $_______________ being 3 weeks rent from the guarantor by way of cash/deposit payment as security for any damage caused by the dog. This is fully refundable and shall be paid within 7 days after the tenancy termination provided no damage has been caused. The guarantor is not limited to the amount stated above but to the value of all damage caused by the dog throughout the term of the tenancy.
If the dog causes damage and the guarantors money is chosen to be used by the landlord at the landlords discretion to remedy the damage, then the guarantor shall top up the security deposit again within 7 days after the event to the value of 3 weeks rent the day the deposit is made.
The guarantor cannot cancel out of the guarantee unless the landlord gives consent to this. The guarantee shall remain in place and be effective whilst any of the tenants named in this dog clause reside at the premises, under this current fixed term tenancy, or future tenancy agreements.
Guarantors debt recovery. If there is an unsatisfied debt, then the guarantor agrees that the tenant be liable for and pay for all costs of recovery, which costs shall be collected by a debt collection agency or courts. Costs payable by the debtor shall include in addition to the original debt amount, legal fees, commissions, fee's and disbursements, and /or court filing fees and disbursements
It is understood that in the event that the guarantor fails to comply with the terms and conditions, the security may be forfeited in part or in whole in relief for the damage caused by the dog. The liability of the guarantor may not necessarily be restricted to the security paid.
Guarantors Full Legal Name: __________________________________________________ ____________
Date of Birth ________/_______/_______
Address: __________________________________________________ _____________________________
Drivers License Number ____________________________________________ Version (5b)
Signature: ________________________________________________
Please provide a copy of the Guarantors drivers license.
After much reading the sad state of affairs with how the TT say a landlord couldn't define intentional damage when someones dog urinated on carpet even with a no pet policy, plus no additional bonds are allowed for pets, I have made up the following pet clause for a dog. I think I have got around the problem - let me know what you think - is there any wording I should change?
I know - don't let to pet owners if I don't have to. However I figure DINKY adults with a dog is less damage than 2 kids for example.
Here is my full dog clause below - the juicy bits are nearer the bottom.
******
This dog clause applies to any and all tenants on the agreement. Please note Clause 2 of the tenancy agreement also applies to the dog clauses - jointly and severally.
Tenant 1 Name ………………………………………………………………….
Tenant 2 Name ………………………………………………………………….
Tenant 3 Name ………………………………………………………………….
Dog Name: ___________________________ Breed ____________________________________________
Year Born or DoB______/______/______ Weight ________ kg, Colour __________________________
Sex M / F Neutered Y / N Council rego ___________________________
How long have you owned this animal? _____________
Landlords name on your application that can provide a reference for your pet ________________________
Brand of flea treatment used: _________________________________Frequency ____________________
Has your dog caused damage to any other property in the past? If yes please give details ______________
__________________________________________________ ____________________________________
Is your dog toilet trained? __________________________________________________ _______________
Is it your intention that the dog is allowed indoors at all? Yes / No
All the information below applies to a cold wet winters day or night.
Location of dogs kennel on the property __________________________________________________ ____
At night, where will your dog sleep? (circle) Inside the house / In kennel free in the back yard / in its dog kennel and run in the back yard / in the garage / other:
Specify __________________________________________________ ________________________
During the day time when everyone is at work where will your dog be kept? (circle) Inside the house / In kennel free in the back yard / in its dog kennel and run in the back yard / in the garage, other
Specify __________________________________________________ ________________________
A night if everyone is out where will your dog be kept? (circle) Inside the house / In kennel free in the back yard / in its dog kennel and run in the back yard / in the garage other:
Specify __________________________________________________ ________________________
The tenant acknowledges that the landlord has agreed to allow the tenant to keep the above mentioned dog detailed above on the property as a specific term of the agreement. The landlord does not warrant or imply in any way that it will consent to other dogs or any other animal being kept on the property in the future.
If the tenant wishes to keep a different pet then the tenant must obtain the prior written permission of the landlord. The landlord is not obliged in any way to grant consent to any other pet being kept on the property.
The tenant agrees that their abovementioned animal is of suitable disposition, the tenant has an accurate knowledge of its historical tendencies of the animal, or is trained, or supervised, or kennelled in such a manner, has no urination problems inside a house, that it will not cause property damage. Therefore the tenant agrees that by keeping the above dog on the premises, that in the event should any damage be caused by that dog to floors, curtains, walls, window sills, gardens, or any other damage will be considered intentional damage and the tenant agrees that the landlord will use the bond or guarantors security to pay for the repair of any damage. This may be more than the deposit.
The tenant further agrees that after one single event of damage the dog will be physically restrained from being able to preform that act again. For example urination on the carpet, will immediately result in the dog not being allowed inside the house ever again. Digging up gardens, the dog will not be allowed to be loose in the back yard ever again. Therefore any second event of damage the dog causes is intentional.
The tenant is advised the landlord has no insurance for pet damage.
The tenant agrees that their abovementioned animal is of suitable disposition, the tenant has an accurate knowledge of its historical tendencies of the animal, or is trained, or supervised, or kennelled in such a manner, has no urination problems inside a house, that it will not cause property damage. Therefore the tenant agrees that by keeping the above dog on the premises, that in the event should any damage be caused by that dog to floors, curtains, walls, window sills, gardens, or any other damage will be considered intentional damage and the tenant agrees that the landlord will use the bond or guarantors security to pay for the repair of any damage. This may be more than the deposit.
The tenant must notify the landlord and pay for the remedy for any damage caused by the dog to the house or grounds immediately.
The tenant must clean dog fouling from the grounds a minimum of weekly.
The tenant must care for the dog properly and comply with general SPCA standards and guidelines for the treatment of dogs.
The tenant must control the dog so that it is not allowed to roam beyond the boundary section and it is not allowed to create any other type of nuisance to neighbouring properties.
The tenant must restrain the dog on days the landlord advises an inspection is due to be carried out or for other maintenance or repair contractors.
The tenant agrees to waiver the privacy act and allow the landlord to access information and speak to the appropriate people in the dog control department at council in relation to the dog.
The tenant agrees they have made their own assessments that the existing fencing is suitable to contain their dog should they wish to let it roam free in the back yard. The tenant further acknowledges that the landlord gives no guarantee as to the suitability of the fencing to retain the dog and shall not pay for improvements or repairs should this not be the case, for example but not limited to if the dog jumps over the fence frequently and escapes and a higher fence is required to contain the dog.
The tenant agrees to have all the carpets commercially cleaned within the last 4 days before departing from the property as the only way to best reasonably remove most of the pet allergens, odours and fur. A copy of the receipt shall be supplied to the landlord. Supermarket Rug Doctor is not permitted.
If any of these terms are breached, the landlord may follow standard procedures relating to breach of tenancy agreement.
Signed Landlord: ……………………………………….………..………………. Dated ……………………………………….
Signed Tenant: …………………………………………………………..……….. Dated ………………………………………..
Guarantee
The Residential Tenancies Act clause 18A(3)(b)ii allows for a cash security to be obtained via a guarantor.
The guarantor must be a person who does not reside at the premises.
Security: The landlord shall receive $_______________ being 3 weeks rent from the guarantor by way of cash/deposit payment as security for any damage caused by the dog. This is fully refundable and shall be paid within 7 days after the tenancy termination provided no damage has been caused. The guarantor is not limited to the amount stated above but to the value of all damage caused by the dog throughout the term of the tenancy.
If the dog causes damage and the guarantors money is chosen to be used by the landlord at the landlords discretion to remedy the damage, then the guarantor shall top up the security deposit again within 7 days after the event to the value of 3 weeks rent the day the deposit is made.
The guarantor cannot cancel out of the guarantee unless the landlord gives consent to this. The guarantee shall remain in place and be effective whilst any of the tenants named in this dog clause reside at the premises, under this current fixed term tenancy, or future tenancy agreements.
Guarantors debt recovery. If there is an unsatisfied debt, then the guarantor agrees that the tenant be liable for and pay for all costs of recovery, which costs shall be collected by a debt collection agency or courts. Costs payable by the debtor shall include in addition to the original debt amount, legal fees, commissions, fee's and disbursements, and /or court filing fees and disbursements
It is understood that in the event that the guarantor fails to comply with the terms and conditions, the security may be forfeited in part or in whole in relief for the damage caused by the dog. The liability of the guarantor may not necessarily be restricted to the security paid.
Guarantors Full Legal Name: __________________________________________________ ____________
Date of Birth ________/_______/_______
Address: __________________________________________________ _____________________________
Drivers License Number ____________________________________________ Version (5b)
Signature: ________________________________________________
Please provide a copy of the Guarantors drivers license.
Comment