Advice for tenants and landlords when pets are involved

Many tenants are pet owners, but renting with pets can be a tricky situation. Both tenants and landlords have rights and responsibilities when it comes to allowing pets in a rental property. Here's a guide on how to navigate pet-friendly rental agreements, ensuring a smooth experience for both parties.

Advice for tenants with pets

• Be transparent with your landlord: Always disclose that you have a pet. Inform the landlord of your pet’s breed, size, and temperament, and provide proof of spaying, neutering, and up-to-date vaccinations. This transparency can help build trust and increase your chances of approval.
• Get written permission: Obtain written permission to keep a pet in the property, even if it's advertised as pet-friendly. This ensures you’re legally covered and helps avoid future disputes.
• Respect the lease agreement: If the lease includes a pet policy, make sure you adhere to it strictly. This might include restrictions on the number or type of pets allowed, or a requirement for additional cleaning or maintenance.
• Prevent pet nuisances: Ensure your pet does not cause a disturbance. Dogs should be trained not to bark unnecessarily, and cats should be litter-box trained. A pet that causes damage or noise complaints could lead to penalties or even eviction.
• Maintain your rental property: Take responsibility if your pet causes any damage. Repair any damages immediately to avoid deductions from your security deposit. Regularly clean carpets, furniture, and curtains to keep pet odors under control.
• Consider pet insurance: Pet insurance can help cover the costs if your pet causes any significant damage to the property. It’s a precaution worth taking to avoid financial disputes.
• Be cautious with new pets: If you’re already renting, avoid adopting new pets during your lease period. The behavior of new pets can be unpredictable, which may lead to property damage or conflicts with neighbors.
• Sectional Title properties: In many sectional titles, pets are not allowed unless you have explicit permission from the trustees. Always check the rules before moving in with a pet.
• Ensure your pet’s health: Keep your pet’s vaccinations and deworming up to date to avoid any health risks to other residents or animals. Regularly deflea your pet to prevent infestations.
• Leave no trace: When walking your dog around the neighborhood or complex, always pick up after them. Ensure pets cannot escape from the property, and inform visitors or workers to close gates behind them.

Advice for landlords on renting with pets

• Include a pet clause in the lease: Always include a detailed pet clause in the lease. This should outline the type and number of pets allowed, as well as any specific rules the tenant must follow. For example, tenants should be responsible for keeping pets under control and repairing any pet-related damage.
• Require a pet deposit: Consider charging a pet deposit or increasing the general deposit for tenants with pets. This deposit can cover any damage caused by the pet. However, be mindful of the regulations surrounding deposits under South African law.

Pet deposit guidelines for landlords

Landlords are legally allowed to charge a deposit, including a pet deposit, under the Rental Housing Act (Act No. 50 of 1999). However, the following conditions apply:

• Reasonable Deposit: The total deposit, including a pet deposit, must be reasonable. While there’s no fixed amount, it must not be excessive or unfair.
• Interest-Bearing Account: Per Section 5(3)(c) of the Rental Housing Act, the deposit must be placed in an interest-bearing account, and the tenant is entitled to both the deposit and the interest upon the lease’s end.
• Return of Deposit: The deposit must be returned within 7 days if no damage occurs. For any pet-related damages, provide an itemized list and proof of costs.
• Dispute Resolution: Tenants can dispute any deductions through the Rental Housing Tribunal.
• Regular property inspections: Conduct regular inspections of your rental property to ensure that the tenant is adhering to the pet policy and that no significant damage has occurred. You can arrange these inspections with reasonable notice.
• Set clear boundaries: Clearly communicate any restrictions about where pets can go. For example, you may limit pets from certain areas of the house, like furnished rooms, or common areas in sectional title developments.
• Trustee permission for Sectional Titles: If your property is in a sectional title development, ensure that the tenants obtain permission from the trustees before moving in with a pet. This step can prevent future legal disputes and ensures compliance with the sectional title’s conduct rules.
• Protect against pet-related damages: Stipulate that tenants must repair any pet-related damage. Encourage tenants to use pet covers, scratching posts, and other pet accessories to minimize the impact on the property.
• Consider the pros of allowing pets: Allowing pets could make your property more attractive to a broader audience. Pet owners are often willing to pay a higher rent or deposit for pet-friendly accommodation, which could make the property more competitive in the rental market.
• Be mindful of legal protections: While landlords have the right to refuse pets, ensuring that the rules are clearly stated and followed is important. Even though South Africa does not have specific laws protecting pets in rentals, clear communication and strong lease agreements protect both the landlord and tenant. Refer to the Consumer Protection Act for more information on tenant and landlord rights.

Conclusion

In 2024, renting with pets in South Africa requires careful consideration for both tenants and landlords. Tenants must ensure they follow the rules, communicate openly with landlords, and take responsibility for their pets' behavior. Landlords, on the other hand, should protect their property by including a clear pet clause in the lease, conducting regular inspections, and understanding the pros and cons of allowing pets. By following these guidelines, both parties can enjoy a harmonious rental experience.