Do I have to pay pet rent or a higher bond for a pet in NSW?

If your landlord has sent you a lease with a “pet rent” clause, asked you to top up your bond before approving a pet, or required you to pay some other fee as a condition of keeping an animal, you are not alone. This article explains exactly what the law says, what a landlord can ask for, and what to do if your lease already has one of these clauses in it.

What the law actually says

Section 32 of the Residential Tenancies Act 2010 restricts what a landlord can require you to pay when renewing, extending or continuing your tenancy to three things: rent, a rental bond, and any fees specifically prescribed by the regulations. And for pets specifically, section 73E goes further — as we’ll see next, any pet-related charge dressed up as a lease condition is void.

The pet-consent reforms that commenced on 19 May 2025 added section 73E, which goes further. Under s73E, any condition attached to pet consent that increases your rent or increases your rental bond is defined as an unreasonable condition — and it is void. That is a legal term meaning it has no effect at all, even if you signed it.

In plain English: a clause in your lease that says “you may keep a dog but your rent increases by $50 per week” is illegal and unenforceable. The same applies if the clause says your bond goes up by an extra $1,000 for having a cat.

Section 73E also lists “a condition requiring a form of security” as an unreasonable condition. That means a “pet bond” — a separate deposit held against pet damage — is also void. And because s73E(3)(d) sweeps in any condition that would be a prohibited term of the tenancy agreement, requiring you to take out pet insurance is caught too: section 19(2)(b) already prohibits leases from requiring the tenant to take out any form of insurance.

Landlords are not left uncovered by these rules. They typically hold their own landlord insurance policy, and your standard rental bond is available to cover any pet damage beyond fair wear and tear — more on that below.

What a landlord can reasonably require as a pet condition

Just because a landlord cannot charge extra money does not mean they have no say at all. Under s73E, landlords can attach conditions to pet consent, as long as those conditions are reasonable and relate only to the keeping of the animal at the property.

The law specifically recognises these as reasonable:

• Keeping the animal outdoors — but only if the animal is the type not usually kept indoors, such as a chicken, goat, or horse. A landlord cannot use this condition to ban an indoor cat from being indoors.
• Professional carpet cleaning at the end of the tenancy — but only if the animal will live indoors and it is appropriate for that type of animal and property.
• Professional fumigation at the end of the tenancy — but only if the animal lives indoors and is a mammal.

Beyond those three, a landlord can set other conditions, but the conditions must be reasonable and must be about keeping the animal — not about extracting extra money from you.

Requiring you to use a specific tradesperson or business for any cleaning or fumigation is also prohibited — section 19(2)(f) of the Act bans lease terms that force a tenant to use a specified person or business, and s73E(3)(d) pulls that prohibition into pet conditions. You are free to use any qualified provider.

What to do if your lease has a pet-rent or pet-bond clause

Finding an unlawful clause in your lease can be stressful. Here is what to do.

Step 1: Know it is already void. You do not need a court to strike it out — the law makes it void automatically. That said, if your landlord is acting on the clause, you need to act.

Step 2: Raise it in writing. Write to your landlord or agent and politely point out that the clause requiring extra rent or an additional bond as a pet condition is an unreasonable condition under section 73E of the Residential Tenancies Act 2010, and therefore has no legal effect.

Step 3: Contact NSW Fair Trading. If the landlord insists on the clause, you can lodge a complaint with NSW Fair Trading. They can attempt to mediate between you and the landlord.

Step 4: Apply to NCAT. If mediation fails, you can apply to the NSW Civil and Administrative Tribunal (NCAT). Section 47 of the Act lets NCAT order the landlord to repay any money you paid that you were not required to pay under the Act or your agreement — so if you paid a “pet deposit” under a void clause, that money is recoverable.

Keep records of everything: the lease, any messages about the clause, and any payments you made.

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What about pet damage and your bond?

This is the part that worries most renters: if the landlord cannot charge extra, how are they protected if your pet scratches the floorboards or chews a door frame?

The answer is the normal bond.

Your landlord is entitled to claim against your standard rental bond at the end of the tenancy for damage your pet caused — so long as that damage goes beyond fair wear and tear. Fair wear and tear means the ordinary ageing of a property through everyday use. A few scuff marks on a skirting board after three years is wear and tear. A door frame chewed through by a puppy is damage.

You are responsible for pet-caused damage, but the landlord must also take reasonable steps to keep their costs down. They cannot simply demand replacement at today’s prices for something that was already several years old — NCAT generally applies depreciation when it assesses damage claims, so an aged item that gets damaged is not usually valued as brand-new. For a detailed breakdown of what landlords can and cannot deduct, see what can a landlord deduct from my bond in NSW?

If your landlord makes a bond claim you think is unfair — for example, claiming for wear and tear and calling it pet damage — you can dispute it. You have the right to apply to have the claim reviewed, and NCAT can assess whether the deduction is legitimate. More on that process is at how do I dispute a bond claim in NSW?

The takeaway: your landlord is not left without recourse just because they cannot charge a pet bond upfront. The standard bond does that job — and the law already balances both sides.

One practical note about applying with a pet

The law prevents specific, itemised pet charges on your lease. It does not regulate what starting rent a landlord asks for. In a competitive market, some landlords may prefer applicants without a pet, or may set the initial advertised rent higher for a property they know is pet-friendly. That is not illegal — the s73E prohibition kicks in when the extra charge is dressed up as a pet condition inside the agreement. Something to be aware of when applying, even though the law protects you once you have signed.