Can You Charge a Pet Deposit in California?

‍The short answer: yes, you can charge a deposit but in California a pet deposit is part of the security deposit, not an extra on top of it.

It must be refundable, and the total security deposit is generally capped at one month’s rent (two months for some small landlords). Monthly pet rent is treated differently, and you can’t charge pet deposits or fees for an assistance animal.

What is a pet deposit?

Part of setting a landlord pet policy is deciding what kind of fees to charge in order to protect your property from damage. In rental property management, there are a few different types of fees associated with pets. These can be combined or used alone, depending on your rental agreement and state law.

• A pet deposit is payable at the beginning of the tenancy and, much like a standard security deposit, the tenant can expect to get it back at the end of their term. If the pet causes damage beyond ordinary wear and tear, the reasonable cost of repairs can be deducted from it.
• Pet rent, on the other hand, is an extra monthly charge paid on top of the regular rent for as long as the pet lives there. It isn’t returned to the tenant at the end of the agreement.
• Pet fees are one-off charges for allowing a pet to live in your rental. In some states they can be non-refundable, but not in California. A one-off pet charge collected at the start of the tenancy counts as security under state law, so it must be refundable and it counts toward the deposit cap (see below).

Should you consider allowing pets?

With household pet ownership in the United States sitting at somewhere around 70%, it’s not surprising that lots of renters are looking for a home where their furry friends can live too. In Los Angeles alone in 2019, 2.9 million tenants owned cats or dogs, which is more than half of the renter population.

Allowing cats and dogs (and other pets) or not can impact how attractive your property is to potential renters. However, pets often cause additional damage to a property. This is why many landlords think about pet deposits.

Are landlords obligated to charge pet deposits?

Whether or not a landlord decides to set charges related to pets is up to them. We’ve all heard horror stories of damage incurred to rental properties by unruly cats and dogs, from stains and odors to scratches and chew marks on the walls, floors, and doors. A pet deposit can help cover the cost of repairing this kind of damage, so it doesn’t come out of your own pocket.

A clear pet policy can also prevent the tenant from bringing in undisclosed pets without the approval of the landlord, which can lead to further issues down the line.

What is the law in California regarding pet deposits?

California treats a pet deposit as part of the security deposit. Civil Code §1950.5 defines security as "any payment, fee, deposit, or charge" imposed at the beginning of the tenancy, whatever it’s called. For landlords, that means three things:

• One combined cap. For security collected on or after July 1, 2024, you can’t take more than one month’s rent in security, "however denominated," in addition to the first month’s rent. The pet deposit has to fit inside that limit, not on top of it. There is no longer a higher limit for furnished properties.
• A small-landlord exception. The cap rises to two months’ rent if you are a natural person (or an LLC whose members are all natural persons) and you own no more than two residential rental properties with no more than four units in total. This exception doesn’t apply if the prospective tenant is a service member.
• Refundable only. A lease can’t describe any security as "nonrefundable." Calling an upfront charge a "pet fee" or "pet cleaning fee" doesn’t change how the law treats it.

Example: if the rent is $2,400 and you take a standard security deposit of $1,800, the most you could add as a pet deposit under the one-month cap is $600.

If you have a no-pets policy, a tenant with an assistance animal, such as an emotional support animal, can ask you to make an exception. We cover this in the section on emotional support animals below.

Returning a pet deposit in California

At the end of the tenancy, the pet deposit follows the same rules as the rest of the security deposit:

• 21 days. Return any remaining deposit, with an itemized statement of deductions, no later than 21 calendar days after the tenant moves out.
• Photos. For tenancies that began on or after July 1, 2025, take photos of the unit at or just before move-in. Since April 1, 2025, you also need photos after the tenant hands back the unit (before any repairs or cleaning you plan to deduct for) and again after that work is done. Include these photos with the itemized statement.
• Electronic refunds. If the tenant paid the deposit or rent electronically, return the remaining deposit electronically unless you’ve both agreed in writing to another method.
• No deductions for ordinary wear and tear. Deductions are limited to what’s reasonably necessary to repair damage beyond normal wear and tear, or to return the unit to its move-in level of cleanliness.

Can you charge pet rent or pet fees instead?

• ‍Pet fees: not as a way around the deposit cap. As explained above, a one-off pet fee collected at the start of the tenancy is treated as security in California, so it’s refundable and it counts toward the cap.‍
• Pet rent: monthly pet rent is paid as part of the ongoing rent rather than collected upfront, so it isn’t treated as a deposit. For example, a landlord can add $20 a month to the rent to cover pet-related wear on the property. It isn’t refunded at the end of the tenancy.Depending on how you manage your properties, you may choose to bundle pet rent with the standard rent to make rent collection more straightforward.‍
• Rent caps still apply. Many California rentals are covered by the statewide rent cap in the Tenant Protection Act (Civil Code §1947.12), and cities including San Francisco and Los Angeles have their own rent control rules. If your unit is covered, make sure pet rent doesn’t push the total rent above the allowed limit. Adding pet rent partway through a tenancy may count as a rent increase, so check with your local rent board if you’re unsure.

What do other states say about pet deposits?

Many states don’t have explicit statutes regarding pet deposits, but common practice is for landlords and tenants to come to their own agreement.

In addition to California, states like Hawaii and Montana do not allow landlords to charge non-refundable pet deposits. If you’re located outside one of these states, check your state or local law to see if it is permissible to request any pet-related charges from your tenants.

What about Emotional Support Animals (ESAs)?

Under the Fair Housing Act (FHA), landlords generally must make a reasonable accommodation to allow assistance animals, including emotional support animals, even in a property with a no-pets policy. HUD guidance says housing providers "may not require applicants and residents to pay a deposit for an assistance animal," and the same applies to pet fees and pet rent, even if you normally charge them to tenants with pets.

You can still charge the tenant for actual damage the animal causes, beyond reasonable wear and tear, if it’s your normal practice to charge tenants for damage they cause. For more detail, see our guide to emotional support animals.

Services such as PetScreening give landlords and property managers the ability to validate assistance animals in accordance with the FHA.

Open communication is key

A clear pet policy is a key part of having open communication between tenants with pets and their landlords. It can be the difference between paying for pet damage out of your own pocket and having it covered by the tenant.

In California, check the current rules in Civil Code §1950.5 before you set a pet deposit, and make sure any pet rent stays within local and statewide rent caps.

Keep track of your pet (and people) deposits and rent collection using purpose-built property management software like Landlord Studio.