Pet Policy FAQ: Renting with Pets Guide
Understand pet deposits, pet rent, breed restrictions, and your rights when renting with pets. Learn about service animal and ESA accommodations.
Yes, in most cases landlords can refuse pets (they're not a protected class). However, landlords must make reasonable accommodations for service animals and emotional support animals under the Fair Housing Act. These are not considered pets and cannot be subject to pet deposits or breed restrictions.
A pet deposit is an extra security deposit to cover potential pet damage. Whether it's refundable depends on state law and lease terms. California requires all deposits to be refundable. Some states allow non-refundable pet fees. Deposits can only cover actual damage beyond normal wear, not routine cleaning.
Pet deposit limits vary by state. In states with deposit caps (like California's 2 months total), pet deposits count toward that limit. In other states, landlords can charge any amount. Common pet deposits range from $200-500 or one month's rent. Some landlords charge monthly pet rent ($25-100) instead.
Pet fee is a one-time non-refundable charge. Pet deposit is refundable if no damage occurs. Pet rent is a recurring monthly charge. Some landlords combine these. Pet deposits must be applied only to actual damage. Fees and rent don't have to be returned regardless of damage.
No. Under the Fair Housing Act, landlords cannot charge pet deposits, pet fees, or pet rent for service animals or emotional support animals. They can still charge for damage caused by the animal through regular security deposit deductions, but cannot require extra upfront payment.
You need an ESA letter from a licensed mental health professional stating you have a disability-related need for the animal. The letter should be on professional letterhead, dated within the past year, and include the provider's license information. Landlords cannot require specific diagnosis details.
Yes, for regular pets landlords can restrict breeds (often pit bulls, rottweilers, German shepherds) and set size/weight limits. However, breed and size restrictions cannot be applied to service animals or ESAs. Some insurance policies require these restrictions, which landlords may cite as justification.
Having an unauthorized pet typically violates your lease and can result in: fees or fines, required removal of the pet, eviction proceedings, or forfeiture of your security deposit. Some landlords may allow you to add the pet with a new deposit. Always get written permission before getting a pet.
Generally, your lease terms are locked in for the lease period. A landlord cannot add pet restrictions or fees mid-lease unless you agree. However, they can change policies at lease renewal. If you already have an approved pet, you typically have 'grandfathered' status for that specific animal.
For regular pets, you have limited rights - landlords can refuse most pets. For service animals or ESAs, denial may be illegal discrimination. You can file a fair housing complaint. For regular pets, you might negotiate, offer extra deposit, provide references, or look for pet-friendly housing.
Service Animals vs. Emotional Support Animals
Understanding the difference is important for knowing your rights:
Service Animals
- Trained to perform specific tasks
- Protected under ADA and FHA
- No documentation required
- Allowed in all public places
- Cannot be charged pet fees/deposits
Emotional Support Animals
- Provide emotional support
- Protected under FHA (housing only)
- Requires ESA letter from provider
- No public access rights
- Cannot be charged pet fees/deposits
Important: Landlords can deny accommodation requests if the animal poses a direct threat or would cause substantial property damage. Breed and size restrictions don't apply to service animals or ESAs.
Understanding Pet Costs
| Type | Amount | Refundable? | Notes |
|---|---|---|---|
| Pet Deposit | $200-$500 | Yes | Returned if no damage |
| Pet Fee | $100-$400 | No | One-time, non-refundable |
| Pet Rent | $25-$100/mo | No | Added to monthly rent |
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