When an applicant with two cats asks what you charge for pets at your Fresno duplex, here's the short answer on California pet rent laws in 2026: you can set monthly pet rent at whatever amount prospective tenants in your market are willing to pay, but AB 12 caps your total security deposit at one month's rent, including the pet deposit. One more thing worth knowing before you draft that lease: calling a move-in charge "non-refundable" doesn't make it one, and a tenant can recover up to twice the deposit if you keep it in bad faith.
Is pet rent legal in California?
Yes. California pet rent laws set no cap on monthly pet rent for ordinary household pets, and two bills that tried to impose one failed. California landlords set the amount based on what prospective tenants are willing to pay, at least at the state level. Section 1950.5 and the deposit rules that follow govern residential tenancies.
A pet deposit is "security" under Civil Code § 1950.5, refundable and counted toward the state deposit cap; pet rent is rent you keep.
Pet deposits vs. pet rent vs. non-refundable pet fees
These charges differ on refundability and legality:
- Charge type | Refundable? | Legal basis
- Pet rent (monthly) | No, it's rent | Legal; no statutory cap for ordinary pets
- Pet deposit | Yes, minus lawful deductions | "Security" under Civil Code § 1950.5(b); counts toward the one-month deposit cap
- Non-refundable pet fee | Illegal to label as such | Civil Code § 1950.5(n): a lease "shall not contain a provision characterizing any security as 'nonrefundable'"
The statute defines "security" broadly: any "payment, fee, deposit, or charge" imposed at the beginning of the tenancy.
In Parkmerced, the court held that landlords had to refund fees they did not apply to a purpose permitted by § 1950.5(b), and Granberry reached the same result on a nonrefundable cleaning fee. Only genuine pre-lease screening costs escape § 1950.5 (Kraus). The label does not control.
AB 12 and the one-month security deposit cap
Since July 1, 2024, Civil Code § 1950.5(c)(1) bars landlords from demanding security "in an amount or value in excess of an amount equal to one month's rent," regardless of whether the unit is furnished. AB 12 wiped out the old two-month (unfurnished) and three-month (furnished) limits.
A pet deposit stacks on top of your standard deposit inside the same one-month ceiling. The California Apartment Association confirms: "The security deposit limit of one month's rent covers all forms of deposits regardless of label, including pet deposits," and provides deposit guidance. If you already collect a full month as your standard deposit, a separate pet deposit is now zero. Because AB 12 excludes rent from the deposit ceiling, landlords may choose monthly pet rent instead of a pet deposit.
Section 1950.5(c)(6) grandfathers deposits landlords collected or demanded before July 1, 2024.
The small landlord exception
You can hold up to two months' rent as security if you qualify as a small landlord under § 1950.5(c)(5). Two tests apply: natural-person ownership (an LLC counts only if every member is a natural person, and family trusts qualify), and ownership of no more than two residential rental properties totaling no more than four dwelling units that you offer for rent. A portfolio investor with a dozen homes doesn't qualify; a couple renting out a former residence and one duplex might.
Small landlords cannot use the exception when the prospective tenant is a service member under Military and Veterans Code § 400, and you may not refuse to rent to them because of it.
Service animals and emotional support animals: no pet rent, no pet deposit
Under 2 CCR § 12185, "An individual with an assistance animal shall not be required to pay any pet fee, additional rent, or other additional fee, including additional security deposit or liability insurance, in connection with the assistance animal." Under Government Code Section 12955, the Fair Employment and Housing Act, Gov. Code § 12955, prohibits housing discrimination based on disability, and the federal Fair Housing Act imposes a parallel reasonable-accommodation duty under 42 U.S.C. § 3604(f)(3)(B).
The ADA defines a service animal as a dog trained to perform disability-related work or tasks; California housing law separately protects emotional support animals that need no task training. California treats both as assistance animals exempt from all pet charges. HUD rescinded its FHEO-2020-01 assistance animal guidance on September 17, 2025 and narrowed federal enforcement to trained service animals, but the CRD legal alert dated July 20, 2026 confirmed: "Although the federal government has changed its guidance for assistance animal cases under federal law, California is staying the course."
You can still charge for actual damage the animal causes, excluding ordinary wear and tear.
Emotional support dog documentation requirements under AB 468
California law limits verification of documentation for an emotional support dog to what the letter itself must contain. Since January 1, 2022, HSC § 122318 requires the health care practitioner who documents an emotional support dog to:
- Hold a valid, active license and state its number, jurisdiction, effective date, and type
- Be licensed where the documentation is provided
- Have a patient-provider relationship with the individual for at least 30 days
- Complete a clinical evaluation of the need
- Give notice that fraudulently representing a service animal is a misdemeanor under Penal Code § 365.7
You may check those license details against official databases such as the Board of Behavioral Sciences license lookup. For assistance animals more broadly, California's accommodation-verification rules control what you may ask. You may not ask about diagnosis, disability severity, or medical records; 2 CCR § 12178 limits inquiries to whether a disability exists, what accommodation is requested, and the link between the two. If an online service provides a certificate without an individualized assessment, housing providers may presume that the certificate is not reliable third-party information, but you must let the tenant supply additional information before denying the request.
The reasonable accommodation process
2 CCR § 12177 requires a timely, good-faith interactive process whenever you can't immediately grant a request, and warns that "an undue delay... may constitute a denial of a reasonable accommodation."
You may deny a request only under narrow standards:
- Under § 12185(d)(9), you may deny only when the specific animal poses a direct threat to health or safety or risks substantial property damage, and no accommodation can mitigate that risk. You must base the decision on "an individualized assessment that relies on objective evidence about the specific animal's actual conduct," never on breed stereotypes or speculation.
- Some cost does not justify denial. You must show an undue financial and administrative burden under 2 CCR § 12179 and 2 CCR § 12180.
Courts have found violations where a housing provider enforced a categorical no-dogs rule (Auburn Woods I HOA).
California pet deposit refund rules: the 21-day rule and allowable deductions
You have 21 calendar days after the tenant vacates to return the deposit with an itemized statement. Section 1950.5 permits deductions from a pet deposit only for damage "exclusive of ordinary wear and tear."
The California DRE's guidance draws the line at damage beyond ordinary use. Practitioner pet damage guidance treats chewed baseboards and urine odor embedded in subflooring as chargeable. The same applies to flea infestations requiring professional treatment. Landlords generally prorate deductions against the item's remaining useful life. And since January 1, 2025, you cannot charge for professional carpet or other cleaning "unless reasonably necessary to return the premises to the condition it was in at the inception of tenancy."
AB 2801 adds these documentation requirements:
- Since April 1, 2025, photograph the unit before and after any repairs or cleaning you deduct for.
- For tenancies starting on or after July 1, 2025, photograph the unit at move-in too.
- Deliver the photos with the itemized statement by mail, email, flash drive, or online link.
- For deductions over $125, attach invoices or receipts. If you or your employees did the work, describe the work, time spent, and a reasonable hourly rate.
- Bad-faith failure to comply forfeits your entire deposit claim. Bad-faith retention also adds statutory damages of up to twice the deposit plus actual damages.
How rent control affects pet rent charges
Based on analogous housing-service rules, you generally cannot impose pet rent mid-tenancy in a rent-controlled unit without the tenant's written agreement. Local ordinances define "rent" broadly enough to swallow pet charges, so a rent board or court would likely treat a unilaterally imposed mid-tenancy pet charge as a rent increase subject to the annual cap, unless the landlord and tenant structure it as a voluntary additional-services contract, which Los Angeles excludes from "rent." No rent board among the three cities in the table below has published a rule using the words "pet rent." Because these cities have no pet-specific rule, the analysis compares pet rent with parking and similar housing services under each city's rules:
- City | Current annual allowable increase | Likely mid-tenancy pet rent treatment
- Los Angeles (RSO) | 3% annual cap (July 1, 2026 to June 30, 2027) | Only via a voluntary written contract under LAMC § 151.18; tenant refusal cannot be grounds for termination
- San Francisco | 1.6% annual cap (March 1, 2026 to February 28, 2027) | Reasonable additional rent for a new housing service the tenant agrees to; it becomes part of base rent
- Oakland (RAP) | 2.3% annual cap (August 1, 2026 to July 31, 2027) | Charging for a previously included service is a rent increase; tenants can petition for a rent reduction
Santa Monica has an express procedure: for tenancies beginning on or after January 1, 1999, landlord and tenant can by mutual agreement add pet permission as a rent-increasing amenity, and the landlord must register it with Rent Control.
AB 1482 subjects covered units to the statewide cap unless a stricter local ordinance applies. The cap is 5% plus CPI or 10%, whichever is lower, under Civil Code § 1947.12. Set pet rent in writing at lease signing or renewal.
Unauthorized pets: landlord remedies and the eviction process
An unauthorized pet is a curable lease covenant breach, and the California eviction process for it starts with a 3-Day Notice to Perform Covenant or Quit under CCP § 1161(3) before any unlawful detainer filing.
- The notice must offer alternatives by demanding either performance (remove the pet) or possession. It must specifically describe the breach and give three days excluding Saturdays, Sundays, and judicial holidays.
- Service must follow CCP § 1162: use personal delivery or one of the mailing-based alternatives, substituted service or posting. These methods are not freely interchangeable.
- For tenants protected by the Tenant Protection Act (Civil Code § 1946.2, generally 12+ months of occupancy in covered properties), a curable violation requires two notices before filing: a 3-day notice to cure, then a separate 3-day notice to quit if the tenant doesn't cure. Skipping the second notice voids the termination.
Tenants have several defenses:
- Defense | Effect
- Removing the pet within the notice period | Saves the lease from forfeiture
- A landlord knew about the pet for months and kept accepting rent | May establish that the landlord waived the breach
- A defective notice, wrong day count, or bad service | Can defeat the case
- The animal is a disability-related assistance animal | CRD's February 2026 guidance states the landlord must consider the accommodation request even at the eviction trial itself
You cannot lock the tenant out or shut off utilities. You also cannot discard the tenant's belongings. If you prevail at trial, the sheriff serves a Notice to Vacate giving the tenant 5 days to move.
Breed, size, and weight restrictions in California rentals
Private landlords may restrict specific breeds or set weight limits, provided the restrictions appear in the lease or pet addendum. FAC § 31683 applies to city and county programs. These statutes do not govern private leases. Under HSC § 122331, cities may adopt breed-specific spay/neuter ordinances (San Francisco has one for pit bulls) but cannot declare any breed dangerous or ban it.
Landlords may not apply any of those restrictions to service animals or ESAs. 2 CCR § 12185: "No breed, size, and weight limitations may be applied to an assistance animal."
Carrier exclusions can limit which ordinary-pet breeds you accept, so confirm your policy's terms before approving a dog. A 2024 insurer filing analysis by the San Francisco Chronicle found most major home insurers in the state ban some dog breeds. Those breeds most often include pit bulls and rottweilers, as well as Doberman pinschers, Akitas, and chows. Insurers place those exclusions in their policies. California statutes do not require them. Ask your carrier, including Steadily, which breeds its liability coverage excludes before you approve a dog.
Pet addendum best practices and risk tools
A written pet addendum documents your pet policy and makes lawful terms easier to enforce. A workable one:
- Identifies the specific animal by type and breed. It also states the animal's weight and each pet charge separately, including monthly pet rent and any refundable deposit within the AB 12 one-month cap
- Assigns the tenant responsibility for damage beyond ordinary wear and tear
If you want more to go on than a lease application, ask a pet-owning applicant for a pet resume: vet and vaccination records, spay/neuter status, training history, and a reference from a prior landlord.
2 CCR § 12185 bars you from requiring liability insurance in connection with an assistance animal; nothing in California's assistance-animal rules reaches renters insurance with pet liability coverage for an ordinary pet.
A deposit capped at one month often won't cover embedded urine damage across a whole unit, and a dog-bite claim from a visitor sits outside the deposit entirely. Landlord insurance in California can cover pet-related liability; get a landlord insurance quote from Steadily and see whether your policy covers it at quote.steadily.com.
Pending legislation and the future of pet rent caps
Two efforts to cap pet rent failed. AB 2216 (Haney) would have prohibited separate pet rent for covered agreements; a negotiated version barred pet rent for the first animal and capped pet rent for additional animals at $50 per animal per month. It passed the Assembly in May 2024, then stalled in the Senate and died November 30, 2024.
AB 2609 (Caloza) tried again in the 2025–2026 session, proposing to cap pet rent at 1% of monthly rent and pet security deposits at 15% of one month's rent, for agreements entered into or extended on or after January 1, 2027. The California Apartment Association opposed it, arguing the limits were too low to cover the cost of pet damage, and the author requested cancellation of the Assembly Judiciary Committee hearing on April 27, 2026.
The 2023–2024 SB 611 contains no pet rent cap, and the 2025–2026 SB 611 is an unrelated CEQA bill. SB 1296, the only active pet-policy bill as of August 2026, would require landlords with no-pet policies to disclose them in ads and rental documents, including applications and leases. It would also require pet addenda to itemize upfront fees and refundable deposits, plus monthly pet rent. Its operative date would be April 1, 2027, and as of June 10, 2026 the Assembly had ordered it to third reading; it is not yet law.
FAQ
How much can a landlord charge for pet rent in California?
There is no statutory maximum for ordinary pets; the amount is a business decision based on what prospective tenants are willing to pay. Charging any pet rent for an assistance animal is illegal.
Can I still charge a pet deposit after AB 12?
Only within the one-month total cap, so a full-month standard deposit leaves no room for a separate pet deposit. Qualifying small landlords (two properties, four units max, natural-person ownership) can go up to two months except when renting to a service member.
Are non-refundable pet fees legal in California?
No. Civil Code § 1950.5(n) bars leases from characterizing any security as nonrefundable, and landlords must refund move-in charges not applied to permitted purposes.
How do I verify documentation for an emotional support dog?
AB 468 requires emotional support dog documentation to state the practitioner's license number, jurisdiction, effective date, and type. Verify those details against the state's official license databases. An online certificate without an individualized assessment is presumptively unreliable, but you must let the tenant provide additional information before denying the request. For assistance animals more broadly, you may not ask about diagnosis or demand medical records.
What can I do about an unauthorized pet?
Confirm first that the animal isn't an assistance animal, then serve a 3-Day Notice to Perform Covenant or Quit. Tenants covered by Civil Code § 1946.2 get a second 3-day notice before you can file an unlawful detainer.
Can I add pet rent mid-tenancy in a rent-controlled unit?
Generally not unilaterally. Although LA, San Francisco, and Oakland have no pet-specific rent board rule, their analogous housing-service rules indicate that new mid-tenancy charges may count as rent increases subject to annual caps (3%, 1.6%, and 2.3% respectively for the 2026–2027 periods), and Santa Monica requires mutual agreement plus rent board registration.
How long do I have to return a deposit?
21 calendar days after the tenant vacates, with an itemized statement, receipts for deductions over $125, and the AB 2801 before-and-after photos for any deducted repairs or cleaning.
What's the penalty for wrongly withholding a pet deposit?
Bad-faith retention exposes a landlord to statutory damages of up to twice the deposit plus actual damages. Tenants can sue in small claims court for up to $12,500 (individuals) or $6,250 (business entities), and the landlord must prove the deductions were reasonable.
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