Landlord Pet Policies FAQ

California Civil Code Section 1950.5 governs security deposits, including pet deposits, and sets strict limits on how much landlords can charge. For unfurnished residential units, the total of all deposits cannot exceed two months' rent, and for furnished units, the limit is three months' rent. This cap applies to all deposits combined, including standard security deposits, last month's rent, pet deposits, and any other refundable charges.

Importantly, landlords cannot charge a separate, additional pet deposit on top of the standard security deposit if doing so would exceed the statutory limit. However, landlords may require pet rent, which is a monthly fee for having a pet that is not considered a deposit and is not subject to the cap. When the tenancy ends, the landlord must return the deposit within 21 days, providing an itemized statement of any deductions for damage beyond normal wear and tear.

Yes, California landlords generally have the right to refuse to rent to tenants with pets as part of their property management decisions. There is no state law requiring landlords to accept pets, and no-pet policies are legal and enforceable in most circumstances. Landlords can also impose breed restrictions, weight limits, species limitations, or limit the number of pets allowed.

However, there are important exceptions to this general rule. Landlords cannot refuse to accommodate assistance animals, which include service animals under the Americans with Disabilities Act and emotional support animals under the Fair Housing Act and California's Fair Employment and Housing Act. These animals are not considered pets under the law, and landlords must make reasonable accommodations for tenants with disabilities who need them.

Service animals and emotional support animals have different legal protections under California law, though both are entitled to housing accommodations. Service animals under the Americans with Disabilities Act are dogs, and in some cases miniature horses, specifically trained to perform tasks for people with disabilities. Examples include guide dogs for the blind, hearing dogs for the deaf, and dogs trained to detect seizures.

Emotional support animals provide comfort and support through companionship for people with mental health disabilities such as depression, anxiety, PTSD, or other conditions. Unlike service animals, emotional support animals do not require specific training and can be any type of animal. Under the Fair Housing Act and California's Fair Employment and Housing Act, landlords must allow emotional support animals as a reasonable accommodation even in no-pet housing. Landlords cannot charge pet deposits or pet rent for either service animals or emotional support animals.

Under California law and the Fair Housing Act, landlords may request documentation to verify a tenant's need for an emotional support animal, but the request must be reasonable and cannot be overly intrusive. If the disability is not readily apparent, the landlord may request a letter from a licensed healthcare provider, which includes doctors, psychiatrists, psychologists, licensed clinical social workers, and other mental health professionals.

The letter should verify that the tenant has a disability as defined by law, confirm that the tenant needs the emotional support animal to have equal opportunity to use and enjoy the housing, and establish a therapeutic relationship between the provider and patient. The letter does not need to disclose the specific diagnosis or detailed medical information. Landlords cannot require detailed medical records or impose unreasonable deadlines for providing documentation.

Yes, a California landlord can pursue eviction if you have a pet in violation of your lease agreement's no-pet clause or without obtaining required approval. Having an unauthorized pet constitutes a breach of the lease, which can be grounds for termination of the tenancy. The process typically begins with the landlord serving a three-day notice to cure or quit under Code of Civil Procedure Section 1161.

If you fail to cure the violation within the three-day period, the landlord may file an unlawful detainer lawsuit to evict you. However, if you have a disability and need an emotional support animal or service animal, you have the right to request a reasonable accommodation, and the landlord must grant it unless it poses an undue burden. Courts may also consider whether the landlord has selectively enforced the pet policy or has otherwise acknowledged the pet.

Under California Civil Code Section 1950.5, landlords can deduct from security deposits only for damage beyond normal wear and tear, cleaning necessary to return the unit to its condition at move-in, and unpaid rent. Pet damage that exceeds normal wear and tear is a legitimate deduction.

Examples of pet damage include carpet stains from urine or feces, scratches on hardwood floors, chewed moldings or doors, holes dug in yard landscaping, damage to blinds or screens, and odors requiring professional cleaning. The landlord must provide an itemized statement of deductions within 21 days of move-out, including receipts for any charges over $125. If the landlord retains deposit money in bad faith, you may recover the wrongfully withheld amount plus up to twice the deposit amount in statutory penalties.

Yes, California landlords can charge pet rent, which is a recurring monthly fee for allowing pets in the rental unit. Unlike security deposits, which are capped by Civil Code Section 1950.5, pet rent is considered additional rent and is not subject to the same statutory limits. Landlords have discretion to set pet rent amounts, generally ranging from $25 to $100 per month per pet in most California markets.

There are important exceptions to pet rent. Landlords cannot charge pet rent for service animals or emotional support animals because these are not considered pets under fair housing laws. Charging pet rent for assistance animals would be considered disability discrimination. If you have an assistance animal and your landlord attempts to charge pet rent, remind them of fair housing requirements. Unlike refundable deposits, pet rent payments are not returned at the end of the tenancy.

If your landlord refuses your reasonable accommodation request for a service animal or emotional support animal in California, you have several options to enforce your rights. First, document everything in writing, including your original request, the documentation you provided, and the landlord's response. Send a follow-up letter citing your rights under the Fair Housing Act and California's Fair Employment and Housing Act.

You can file a complaint with the California Department of Fair Employment and Housing, which investigates housing discrimination complaints. The complaint must be filed within one year of the discriminatory act. You can also file a complaint with the U.S. Department of Housing and Urban Development. Additionally, you may pursue a private lawsuit in court for housing discrimination, seeking damages including out-of-pocket expenses, emotional distress, and potentially attorney's fees.

Yes, California landlords generally have the right to impose breed restrictions, weight limits, and species limitations on pets as part of their rental policies. Common restrictions include banning breeds perceived as aggressive such as pit bulls, Rottweilers, German Shepherds, and Dobermans, limiting dog weight to 25-50 pounds, restricting pets to cats and dogs only, and limiting the number of pets allowed.

However, breed and size restrictions cannot be applied to service animals or emotional support animals. Under fair housing laws, landlords must evaluate assistance animal requests on a case-by-case basis and cannot automatically deny an animal based solely on breed or size. The landlord may only consider whether the specific animal poses a direct threat based on the individual animal's actual behavior, not generalizations about the breed.

If your landlord's negligence causes injury to your pet in California, you may have a claim for property damage since pets are legally classified as property. Common scenarios include failure to maintain safe premises resulting in pet injury, negligent pest control that poisons pets, failure to address known hazards, and inadequate security allowing attacks by other animals.

Recoverable damages typically include veterinary expenses for treatment and the fair market value or replacement cost if the pet died. Unfortunately, California courts generally do not allow recovery for emotional distress or loss of companionship when a pet is injured or killed, as pets are classified as property rather than family members. Document the hazardous condition, your pet's injuries, all veterinary treatment, and any communications with the landlord about the condition.