🐶 Pet Deposits Are Illegal in California

Here's a fact many California landlords (and tenants) don't know: pet deposits are not legal in California. Under California Civil Code Section 1950.5, landlords can only collect one refundable security deposit. They cannot charge a separate "pet deposit" on top of that.

If your landlord charged you a separate pet deposit - or is trying to keep money from your security deposit by calling it a "pet deposit" - you may be entitled to get that money back, plus potential penalties.

🚫 The Bottom Line

California law does not recognize "pet deposits" as a separate category. Any money your landlord collects at move-in (beyond first month's rent and documented screening fees) is part of your security deposit and subject to the same limits and return rules.

When to Use This Guide

💰 Charged "Pet Deposit"

Your landlord collected a separate fee called a "pet deposit" when you moved in

🚫 Deposit Exceeds Limit

Total deposits (including "pet deposit") exceed 2 months' rent (unfurnished) or 3 months' (furnished)

😔 Called "Non-Refundable"

Landlord said the pet deposit is non-refundable - all deposits must be refundable in CA

📈 Excessive Pet Damage Claim

Landlord deducted unfair amounts for alleged "pet damage" at move-out

💡 What About Pet Rent?

Monthly pet rent is different from a pet deposit and IS legal in California. Landlords can charge ongoing monthly rent for having a pet - this is just additional rent, not a deposit. However, if they're calling something "pet rent" but collected it upfront as a lump sum, that's actually a deposit and subject to deposit limits.

🚫 Common Landlord Violations

Here are the most common ways California landlords violate pet deposit laws.

💰 Charging a Separate "Pet Deposit"

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The Violation: Landlord collects a regular security deposit PLUS a separate amount called a "pet deposit."

Why It's Illegal: California doesn't recognize pet deposits as a separate category. All deposits must be counted together toward the 2-month (unfurnished) or 3-month (furnished) limit.

Your Remedy: If total deposits exceed the legal limit, demand return of the excess. If the "pet deposit" was within the total limit but called something separate, demand it be treated as part of your refundable security deposit.

🚫 Calling It "Non-Refundable"

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The Violation: Landlord collects a "non-refundable pet fee" or "non-refundable pet deposit."

Why It's Illegal: ALL deposits in California must be refundable. The word "non-refundable" doesn't change what it is. If it was collected upfront and held, it's a deposit and must be returned (minus legitimate deductions).

Your Remedy: Demand return of the full amount. The fact that your lease says it's non-refundable is void under Civil Code 1950.5(m).

📈 Deposits Exceeding Legal Limits

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The Violation: Total deposits (security + pet + any other "deposit") exceed 2 months' rent for unfurnished or 3 months' for furnished units.

Example: Rent is $2,000/month. Landlord charges $3,000 security deposit + $500 pet deposit = $3,500 total. That's $1,500 over the limit.

Your Remedy: Demand immediate return of the amount exceeding the legal limit. You don't have to wait until move-out.

🐶 Charging for Service/ESA Animals

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The Violation: Landlord charges a pet deposit, pet rent, or pet fee for a service animal or emotional support animal (ESA).

Why It's Illegal: Service animals and ESAs are not pets under fair housing law. Landlords cannot impose any pet-related charges or deny them.

Your Remedy: Demand immediate return of all pet-related charges. This may also be a fair housing violation - consider filing a complaint with HUD or the California Department of Fair Employment and Housing (DFEH).

💸 Excessive "Pet Damage" Deductions

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The Violation: At move-out, landlord deducts unreasonable amounts for alleged pet damage without proper documentation, or charges for normal wear and tear.

Why It's Wrong: Landlords can only deduct for actual damage beyond normal wear and tear. They must provide itemized receipts. Carpet that's worn after years of use isn't "pet damage" just because you had a pet.

Your Remedy: Demand return of improperly deducted amounts with a detailed explanation of why deductions are improper. Sue in small claims if they refuse.

⚠ "But I Signed a Lease Agreeing to It"

It doesn't matter. California Civil Code 1950.5(m) says any lease provision that waives or modifies tenant protections under this section is void. Even if you signed a lease agreeing to a pet deposit, non-refundable fee, or deposits exceeding the limit, those provisions are unenforceable. You can still demand your money back.

💰 Pet Damage: What Landlords Can Deduct

While landlords can't charge a separate pet deposit, they CAN deduct from your regular security deposit for actual pet damage. Here's what's allowed and what isn't.

Legitimate Pet Damage Deductions

✓ Urine Stains/Odor

Visible stains or persistent odor requiring professional cleaning or replacement

✓ Chewed/Scratched Items

Damage to doors, walls, molding, blinds, or fixtures from chewing or scratching

✓ Torn Carpet/Flooring

Ripped or severely damaged carpet from pet claws or digging

✓ Flea Infestation

Professional treatment costs if pets left fleas requiring remediation

What Is NOT Pet Damage

✗ Normal Carpet Wear

Carpet showing wear from normal use - even if you had pets - is not "pet damage"

✗ Minor Scuffs/Marks

Light scratches or scuffs that are easily cleaned or touched up

✗ Pre-Existing Conditions

Damage that existed before you moved in (document at move-in!)

✗ Full Replacement for Old Items

Landlords can only charge depreciated value, not full replacement of old carpet/flooring

📊 Depreciation Matters

If your pet damaged 8-year-old carpet that has a 10-year useful life, the landlord can only charge you 20% of the replacement cost (the remaining useful life). They cannot charge you for brand new carpet when the old carpet was already mostly worn out. Same applies to flooring, paint, blinds, and other items.

Landlord's Requirements for Deductions

  1. 21-Day Deadline: Landlord must return deposit or provide itemized statement within 21 days of move-out
  2. Itemized Statement: Must list each deduction with specific amounts
  3. Receipts Required: For any repair/cleaning over $125, must include receipts or invoices
  4. Good Faith Estimates: If work not yet done, can provide good faith estimate (then must provide actual receipts within 14 days)
  5. Only Actual Damages: Cannot charge flat fees or standard amounts - must reflect actual cost to repair

📝 Sample Demand Letters

Use these templates to demand return of your illegal pet deposit or dispute improper deductions.

Demand Return of Illegal Pet Deposit
[YOUR NAME]
[YOUR ADDRESS]
[CITY, CA ZIP]
[DATE]

[LANDLORD NAME]
[LANDLORD ADDRESS]
[CITY, CA ZIP]

RE: Demand for Return of Illegal Pet Deposit - [RENTAL ADDRESS]
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Dear [LANDLORD NAME]:

I am writing to demand the immediate return of [AMOUNT] that you collected as a "pet deposit" when I moved into [RENTAL ADDRESS] on [MOVE-IN DATE].

Under California Civil Code Section 1950.5, landlords may only collect a security deposit of up to two months' rent for an unfurnished unit (three months for furnished). The law does not authorize a separate "pet deposit." Any money collected at move-in is part of the security deposit and counts toward this limit.

You collected the following amounts at move-in:
- Security Deposit: [AMOUNT]
- "Pet Deposit": [AMOUNT]
- Total Deposits: [AMOUNT]

My monthly rent is [AMOUNT], making the maximum legal deposit [2X RENT AMOUNT]. You have collected [EXCESS AMOUNT] in excess of the legal limit.

I hereby demand that you return the excess amount of [AMOUNT] within 15 days of your receipt of this letter. Alternatively, you may apply this amount as a credit toward my rent.

Please be aware that California Civil Code Section 1950.5(l) provides that a landlord who retains a security deposit in bad faith may be liable for up to twice the amount wrongfully withheld, plus actual damages. I hope to resolve this matter without litigation, but I am prepared to file a claim in small claims court if necessary.

Please contact me at [YOUR PHONE/EMAIL] to arrange the return of these funds.

Sincerely,

[YOUR SIGNATURE]
[YOUR PRINTED NAME]
Dispute Excessive Pet Damage Deduction
[YOUR NAME]
[YOUR NEW ADDRESS]
[CITY, CA ZIP]
[DATE]

[LANDLORD NAME]
[LANDLORD ADDRESS]
[CITY, CA ZIP]

RE: Dispute of Security Deposit Deductions - [FORMER RENTAL ADDRESS]

Dear [LANDLORD NAME]:

I received your itemized statement of security deposit deductions dated [DATE]. I am writing to dispute the following deductions as improper under California law:

Disputed Deductions:

1. "Pet damage to carpet" - [AMOUNT DEDUCTED]
This deduction is improper for the following reasons:
[CHOOSE/CUSTOMIZE: The carpet was already worn when I moved in as documented in my move-in inspection / The carpet was [X] years old, so I should only be charged the depreciated value, not full replacement / The condition you describe is normal wear and tear, not pet damage / You have not provided receipts or invoices as required for deductions over $125]

2. [OTHER DISPUTED ITEM] - [AMOUNT]
[EXPLAIN WHY THIS DEDUCTION IS IMPROPER]

Under California Civil Code 1950.5, you may only deduct for damage beyond normal wear and tear, and must provide itemized receipts for repairs over $125. [IF APPLICABLE: You have failed to provide such documentation.]

I demand the return of [DISPUTED AMOUNT] within 15 days. If I do not receive this amount, I will file a claim in California Small Claims Court, where I will also seek bad faith penalties of up to twice the amount wrongfully withheld under Civil Code 1950.5(l).

Enclosed please find:
- Copy of my move-in inspection form showing pre-existing conditions
- Photos taken at move-out showing the unit's condition
- [OTHER RELEVANT DOCUMENTATION]

Sincerely,

[YOUR SIGNATURE]
[YOUR PRINTED NAME]
Demand Return - Service/ESA Animal Fees
[YOUR NAME]
[YOUR ADDRESS]
[CITY, CA ZIP]
[DATE]

[LANDLORD NAME]
[LANDLORD ADDRESS]
[CITY, CA ZIP]

RE: Demand for Return of Illegally Collected Pet Fees for Service/Assistance Animal

Dear [LANDLORD NAME]:

I am writing to demand the immediate return of all pet-related fees you have collected from me for my [service animal / emotional support animal].

As you know, I provided you with documentation establishing that my animal is a [service animal / emotional support animal (ESA)]. Under the Fair Housing Act (42 U.S.C. 3604) and California Government Code Section 12927, service animals and emotional support animals are not "pets" and landlords may not:

- Charge a pet deposit
- Charge pet rent
- Charge a pet fee of any kind
- Require pet insurance

Despite this, you have collected the following amounts from me:
- [Pet deposit / pet fee / pet rent: AMOUNT]
- Total: [AMOUNT]

I hereby demand the return of [TOTAL AMOUNT] within 10 days. [IF PET RENT: For ongoing pet rent charges, I demand you immediately cease charging this amount and credit my account for all pet rent previously collected.]

Your collection of pet-related fees for my assistance animal is a violation of federal and state fair housing laws. If you do not return these funds, I will file a complaint with the U.S. Department of Housing and Urban Development (HUD) and the California Department of Fair Employment and Housing (DFEH), and pursue all available legal remedies.

Please contact me at [YOUR PHONE/EMAIL] to arrange the return of these funds.

Sincerely,

[YOUR SIGNATURE]
[YOUR PRINTED NAME]

💬 How to Send Your Demand Letter

  • Certified Mail: Send via USPS Certified Mail with Return Receipt Requested - this proves delivery
  • Keep Copies: Make copies of everything before sending
  • Also Email: Consider sending a copy via email for faster delivery
  • Save the Green Card: When the return receipt comes back, save it - you'll need it as evidence if you go to court

🚀 Next Steps

What to do after sending your demand letter.

If Your Landlord Pays

Great! Deposit the check promptly, keep records, and consider the matter closed. If they include language like "cashing this check constitutes full and final settlement," be aware this could waive other claims - consult an attorney if you're unsure.

If Your Landlord Ignores You or Refuses

  1. Wait for Your Deadline to Pass

    Give them the full time period stated in your letter (typically 15-30 days).

  2. File in Small Claims Court

    California small claims court limit is $12,500 for individuals. Filing costs $30-$75. You don't need a lawyer.

    You can claim:

    • The amount improperly withheld
    • Bad faith penalty up to 2x the wrongfully withheld amount
    • Filing fees and service costs
  3. Prepare Your Evidence

    Bring to court: your demand letter, certified mail receipt, lease, move-in/move-out inspection forms, photos, landlord's itemized statement (if any), and proof of any pet deposit or fees paid.

📅 Statute of Limitations

You generally have 4 years to file a lawsuit for return of security deposits under California law (3 years if based on fraud). However, it's best to act promptly while evidence is fresh and the landlord can still be located.

For Service/ESA Animal Cases

In addition to small claims court, you can file a fair housing complaint:

  • HUD: File online at hud.gov/program_offices/fair_housing_equal_opp/online-complaint - no cost, federal investigation
  • California DFEH: File at dfeh.ca.gov - state investigation, can result in penalties against landlord
  • Private Lawsuit: You may also have grounds for a private fair housing lawsuit with potential for attorney's fees and punitive damages

Need Help With Your Claim?

Get a 30-minute strategy call with an attorney to review your situation and discuss your options.

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Related Resources

🖩 Pet Deposit Dispute Damages Calculator

Use this interactive calculator to estimate potential damages in your case. Enter your information below to get an estimate of recoverable damages.

Actual money lost or spent
Additional losses caused by the issue

📈 Estimated Damages Breakdown

Direct Damages $0
Consequential Damages $0
Emotional Distress (Est.) $0
Statutory Penalties (Est.) $0
TOTAL ESTIMATED DAMAGES $0
Disclaimer: This calculator provides rough estimates for educational purposes only and does not constitute legal advice. Actual damages vary significantly based on specific facts, evidence strength, and many other factors. Consult with a qualified California attorney for an accurate case evaluation.