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Property ManagementPetsNSWMEDIUM

A tenant in a NSW apartment with no yard applies to keep an indoor cat that will use a litter box. The landlord refuses because there is not enough open space for the cat to go to the toilet. Is this a valid reason?

Correct Answer

B) No, because the cat can go to the toilet hygienically indoors

Since 19 May 2025, a NSW landlord can refuse a pet only for specified reasons. Lack of open space is a reason only where the pet cannot go to the toilet outside, live outside if it must, or exercise properly. NSW Fair Trading states that if the pet can toilet hygienically indoors, such as in a litter box, lack of open space for toileting is not a reason to refuse.

Answer Options
A
Yes, because an apartment without a yard lacks open space for any pet
B
No, because the cat can go to the toilet hygienically indoors
C
Yes, because a landlord may refuse any pet in a strata apartment
D
No, because landlords can no longer refuse any pet application

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