California Pet Rent Laws in 2025: A Guide for Landlords

Pets play a significant role in the lives of many Californians, with nearly two-thirds of households in the state owning at least one pet. As a result, demand for pet-friendly rental housing is high, yet many landlords remain hesitant to allow animals in their properties due to concerns over property damage, noise complaints, and liability risks.

For renters, finding housing that accommodates pets can be challenging, as many landlords impose strict pet policies, charge additional fees, or prohibit pets altogether. At the same time, some cities and counties in California enforce tenant-friendly regulations, which impact the rights of landlords when setting pet policies, particularly in rent-controlled areas.

Understanding California’s legal framework on pet rent, security deposits, and service animal protections is essential for both landlords and tenants. While landlords have the right to establish pet policies, they must adhere to state laws regarding security deposit limits and federal laws protecting tenants with disabilities who require service animals or emotional support animals (ESAs).

Additionally, recent legislative efforts, such as Assembly Bill 2216, aimed to make rental housing more accessible for pet owners by prohibiting blanket no-pet policies. Although this bill did not pass, it highlights a growing debate over pet-related rental laws in California. Landlords should stay informed about potential changes that could affect their rental agreements in the future.

This guide provides a comprehensive overview of California’s pet rental laws, covering landlords' rights, tenant protections, pet fees, service animal regulations, and best practices for crafting a clear and enforceable pet policy. By understanding these regulations, landlords can protect their properties while accommodating responsible pet owners, ensuring a fair and transparent rental process.

Legal Framework Governing Pets in California Rentals

Landlord Discretion and Pet Policies

Currently, California law permits landlords to establish their own pet policies, which may include prohibiting pets entirely or allowing them with specific restrictions. These policies can encompass limitations on the type, size, or number of pets and may require tenants to pay additional deposits or monthly pet rent. It's essential for landlords to clearly outline these policies in the lease agreement to avoid misunderstandings.​

However, exceptions exist for service animals and emotional support animals (ESAs). Under federal and state laws, these animals are not considered pets, and landlords must provide reasonable accommodations for tenants who require them, even if the property maintains a no-pet policy. Importantly, landlords cannot charge additional fees or deposits for service animals or ESAs.​

Proposed Legislation Impacting Pet Policies

In recent legislative sessions, there have been efforts to modify existing pet policies in rental housing. Assembly Bill 2216, introduced by Assembly member Matt Haney, aimed to prohibit blanket no-pet policies and prevent landlords from charging extra fees or deposits for tenants with common household pets. The bill sought to require landlords to provide reasonable justifications for denying pet ownership in rental units. However, due to significant opposition from property owners and associations, the bill was withdrawn and did not become law.

Despite the withdrawal of AB 2216, discussions continue around balancing the rights of pet-owning tenants and landlords' property interests. Landlords should stay informed about potential legislative changes that could impact their pet policies in the future.​

Pet Deposits and Fees

Security Deposit Limits

Under California law, landlords are permitted to collect a security deposit to cover potential damages or unpaid rent. For unfurnished rentals, the maximum allowable security deposit is equivalent to two months' rent, while for furnished units, it can be up to three months' rent. This total includes any pet deposits; landlords cannot charge a separate pet deposit that exceeds these limits. For example, if the monthly rent for an unfurnished apartment is $2,000, the maximum security deposit—including any amount designated for pets—would be $4,000.​

Pet Rent

In addition to security deposits, landlords in California may charge "pet rent," which is an additional monthly fee intended to cover potential wear and tear caused by pets. Unlike security deposits, pet rent is typically non-refundable and serves as extra income to offset potential pet-related expenses. While there is no statutory limit on the amount landlords can charge for pet rent, it's advisable to set reasonable fees to remain competitive in the rental market. Importantly, even with the inclusion of pet rent, the total rent charged must comply with any applicable rent control ordinances.

Service Animals and Emotional Support Animals

In California, both service animals and emotional support animals (ESAs) are afforded specific legal protections, distinguishing them from typical pets. Landlords must understand these distinctions to ensure compliance with federal and state laws.​

Legal Definitions and Protections

• Service Animals: Under the Americans with Disabilities Act (ADA), a service animal is defined as a dog (or, in some cases, a miniature horse) that is individually trained to perform tasks directly related to an individual's disability. These tasks can include guiding individuals with visual impairments, alerting those with hearing impairments, pulling a wheelchair, or providing assistance during seizures.​
• Emotional Support Animals (ESAs): ESAs provide comfort and support to individuals with emotional or psychological conditions. Unlike service animals, ESAs do not require specific training to perform tasks related to a disability.​

In California, both service animals and ESAs are considered assistance animals, and landlords are required to make reasonable accommodations for tenants who have them. This obligation exists even if the property maintains a no-pet policy. However, while service animals are granted public access rights, ESAs do not have the same privileges in public spaces.​

Prohibited Charges

Landlords cannot charge additional pet deposits, fees, or rent for service animals or ESAs. These animals are not considered pets under the law, and imposing extra charges constitutes discrimination. However, tenants are responsible for any damages caused by their assistance animals beyond normal wear and tear.​

When a tenant requests accommodation for an ESA, landlords are permitted to request reliable documentation, such as a letter from a licensed healthcare professional, verifying the tenant's need for the animal. For service animals, if the disability and need for the animal are not apparent, landlords may ask:​

1. Is the animal required because of a disability?​
2. What work or task has the animal been trained to perform?​

Landlords cannot request documentation for service animals beyond these inquiries.​

Best Practices for Landlords

Establishing clear and fair pet policies is essential for landlords to protect their property while accommodating tenants with pets or assistance animals. By implementing comprehensive guidelines and ensuring compliance with anti-discrimination laws, landlords can foster positive tenant relationships and minimize potential disputes.​

Crafting Clear Pet Policies

A well-defined pet policy should be included in the lease agreement and address the following elements:

• Allowed Pets: Specify which types of pets are permitted, including any restrictions on species, breeds, sizes, or the number of pets allowed.​
• Pet Deposits and Fees: Clearly outline any additional deposits or monthly fees associated with pet ownership, ensuring they comply with California's security deposit limits.​
• Tenant Responsibilities: Detail expectations for pet care, such as maintaining cleanliness, preventing noise disturbances, and ensuring the pet does not cause damage to the property.​
• Vaccinations and Licensing: Require proof of up-to-date vaccinations and any necessary licenses as mandated by local ordinances.​
• Consequences of Policy Violations: Explain the actions that will be taken if the pet policy is violated, which may include fines, removal of the pet, or eviction in severe cases.​

It's important to note that while landlords can set policies regarding pets, they must make reasonable accommodations for tenants with service animals or ESAs, as these are not considered pets under the law.​

Ensuring Compliance with Anti-Discrimination Laws

Landlords must apply pet policies uniformly to all tenants to avoid potential discrimination claims. This includes consistent enforcement of pet-related fees, deposits, and restrictions. Policies should not disproportionately affect tenants based on protected characteristics such as race, religion, disability, or familial status.

For assistance animals, landlords are required to provide reasonable accommodations and cannot impose pet fees or deposits. However, tenants can be held responsible for any damages caused by their assistance animals. It's advisable for landlords to familiarize themselves with both federal and state fair housing laws to ensure full compliance.

Key Takeaways for Landlords

California’s rental market presents unique challenges and opportunities when it comes to pet policies. While landlords have the right to establish pet restrictions, they must also adhere to state and federal laws that protect tenants with service animals and emotional support animals (ESAs). A well-crafted pet policy helps maintain clear expectations, ensures compliance with security deposit regulations, and reduces potential disputes between landlords and tenants.

Final Thoughts on Pet Policies in California Rentals

• Landlords can charge pet rent and pet deposits, but they must stay within California’s security deposit limits—two months’ rent for unfurnished units and three months’ rent for furnished ones.
• Service animals and ESAs are not considered pets, meaning landlords cannot charge pet deposits, pet rent, or additional fees for these animals. However, tenants are responsible for any damages beyond normal wear and tear.
• A clear lease agreement should outline pet policies, including allowed pet types, size restrictions, fees, and tenant responsibilities.
• California has rent control laws in certain cities, which may impact a landlord’s ability to adjust rent, including charging pet-related fees.
• Future legislation could change pet rental laws—landlords should stay informed about potential reforms that may affect their ability to restrict pets in rental housing.

By implementing fair and enforceable pet policies, landlords can protect their property while accommodating responsible pet owners. A balanced approach ensures compliance with California’s regulations while attracting and retaining reliable tenants.

Frequently Asked Questions About California Pet Rent Laws

Is it legal in California to charge pet rent?

Yes, landlords in California are permitted to charge pet rent, which is an additional monthly fee for tenants with pets. There are no specific state laws regulating the amount; however, the terms must be clearly outlined in the rental agreement. It's important to note that even with pet rent, the total rent must comply with any applicable rent control ordinances.

Is it illegal for landlords to say no pets in California?

No, landlords in California can implement no-pet policies and refuse to rent to tenants with pets. However, exceptions exist for service animals and emotional support animals (ESAs), which are not considered pets under federal and state laws. Landlords must provide reasonable accommodations for tenants with these assistance animals, even if a no-pet policy is in place. ​

What is the pet deposit law in California 2024?

As of July 1, 2024, California law limits the total security deposit a landlord can collect to one month's rent, regardless of whether the unit is furnished or unfurnished. This cap includes any pet deposits; landlords cannot charge additional deposits beyond this limit. It's advisable not to label any portion of the deposit specifically as a "pet deposit," as this may restrict its use for covering other potential damages or unpaid rent.

Why does California have such strict pet laws?

California's pet-related rental laws aim to balance the interests of landlords and tenants while promoting fair housing practices. The regulations seek to protect tenants from excessive fees and ensure that individuals with disabilities who require service animals or ESAs are granted reasonable accommodations. Additionally, proposed legislation, such as Assembly Bill 2216, reflects ongoing efforts to address the challenges pet owners face in securing rental housing. ​

How to avoid paying pet rent in California?

To avoid paying pet rent, tenants can consider negotiating with landlords by highlighting their pet's good behavior, providing references from previous landlords, or offering to pay a higher security deposit (within legal limits) instead of monthly pet rent. However, landlords are not obligated to waive pet rent fees. It's important to note that service animals and ESAs are exempt from pet rent under federal and state laws; landlords cannot charge fees for these assistance animals. ​

Do you have to pay pet rent for an ESA in California?

No, landlords in California cannot charge pet rent, additional deposits, or fees for emotional support animals (ESAs). ESAs are not considered pets under the law, and tenants with valid documentation are entitled to reasonable accommodations without extra charges. However, tenants are responsible for any damages caused by their ESA beyond normal wear and tear.