The Pet Owner’s Housing Struggle Just Got a Little Easier
Finding pet-friendly rental housing in California has long been one of the most challenging aspects of apartment hunting. Pet owners routinely face rejection after rejection, with many landlords maintaining strict no-pet policies or charging prohibitive fees that make renting financially impossible.
The statistics tell the story: a significant portion of California’s rental market remains closed to pet owners, forcing many to choose between their beloved companions and suitable housing. This housing crisis affects millions of California residents who consider their pets family members, not just optional luxuries.
However, the landscape is shifting. Recent legislative changes have begun to address some of these longstanding barriers, creating new protections for pet owners while establishing clearer guidelines for landlords.
Whether you’re a tenant with a furry companion or a landlord trying to stay compliant, here’s what you need to know about California’s evolving pet housing landscape.
The Big Change: Security Deposits Are Now Capped
Here’s the most important update that affects every pet owner in California. As of July 1, 2024, your landlord can only collect a maximum of one month’s rent as a security deposit, period. This includes any pet deposits they want to charge.
This change came from Assembly Bill 12 (AB 12), which amended California Civil Code Section 1950.5. Before this law, landlords could charge up to two months’ rent for unfurnished units and three months’ rent for furnished units, plus additional pet deposits on top of that.
What This Means in Real Terms
Let’s say you’re renting an apartment for $3,000 per month. Under the old rules, your landlord could have charged you $6,000 as a security deposit for an unfurnished unit, plus maybe another $500 for your dog. Now? They can only collect $3,000 total.
The Fine Print: Not All Landlords Are Covered
Before you get too excited, there’s an important exception. Small landlords who own two or fewer rental properties might not be bound by these new limits. The law specifically exempts:
- Individual property owners who own no more than two rental properties
- Limited liability companies where all members are natural persons who collectively own no more than two rental properties
So if you’re renting from someone who just owns a duplex, they might still be able to charge higher deposits.
You can read the full text of the law at California Civil Code Section 1950.5.
What About Pet Rent and Other Fees?
Here’s where things get a bit more complicated. While landlords can’t charge excessive security deposits anymore, they can still charge monthly “pet rent” in most cases. This is a separate monthly fee on top of your regular rent.
Pet rent is different from pet deposits because it’s an ongoing monthly charge rather than a refundable deposit. California law doesn’t currently prohibit this practice, though that could change as new legislation moves through the system.
What landlords can’t do is charge non-refundable pet fees. These upfront, one-time charges that you’ll never get back are generally not allowed under California law.
Service Animals and Emotional Support Animals: Special Protections
If you have a service animal or emotional support animal, you’re in a different category entirely. These animals receive much stronger protections under both federal and California law.
The California Fair Employment and Housing Act (FEHA), found in Government Code Section 12955, makes it clear that landlords must make reasonable accommodations for these animals. This means:
Service Animals
- No deposits or fees allowed
- Can’t be denied housing because of the animal
- Landlords can ask what task the animal performs, but can’t demand documentation
Emotional Support Animals
- Also protected from deposits and fees
- Must be prescribed by a licensed mental health professional
- You’ll need proper documentation (a letter from your provider)
- The accommodation must be reasonable and not create an undue burden
You can review the complete fair housing law at California Government Code Section 12955.
What’s Happening with New Pet Legislation?
The conversation about pet-friendly housing isn’t over. Various bills continue to work their way through the California Legislature, each trying to address different aspects of the pet housing problem.
Some proposals focus on limiting pet rent, while others aim to restrict blanket “no pets” policies. The challenge is balancing tenant rights with landlords’ legitimate concerns about property damage and management complexity.
As these discussions continue, both tenants and landlords should stay informed about potential changes that could affect their rights and responsibilities.
Practical Advice for Pet Owners
Know Your Rights
- Understand the security deposit limits (one month’s rent maximum for most landlords)
- Keep documentation for service or emotional support animals
- Know the difference between pet deposits, pet rent, and illegal pet fees
Document Everything
- Save all communications with landlords about pets
- Take photos of your pet’s living areas when you move in
- Keep receipts for any pet-related cleaning or repairs you do
Be a Good Tenant
- Follow all lease terms related to pets
- Clean up after your animal
- Address any damage promptly
- Consider renter’s insurance that covers pet damage
What Landlords Need to Know
Update Your Policies
- Review lease agreements to ensure compliance with AB 12
- Make sure your total security deposit doesn’t exceed one month’s rent
- Clearly distinguish between pet deposits and pet rent
- Understand the exceptions for service and emotional support animals
Stay Compliant
- Don’t charge non-refundable pet fees
- Respond to accommodation requests promptly
- Keep detailed records of all pet-related communications
- Consider consulting with legal counsel when in doubt
Be Consistent
- Apply pet policies fairly to all tenants
- Don’t make assumptions about what animals are allowed
- Treat accommodation requests seriously
Common Misunderstandings About Pet Laws
“I Can’t Be Charged Anything for My Pet Anymore”
Not quite. While security deposits are now capped, landlords can still charge monthly pet rent and can still have pet policies and restrictions.
“All Animals Are Protected the Same Way”
Only service animals and properly documented emotional support animals get special fair housing protections. Regular pets are still subject to landlord policies.
“Small Landlords Follow the Same Rules”
The new security deposit limits don’t apply to very small landlords who own two or fewer properties.
“Pet Rent Is Now Illegal”
This isn’t true. Monthly pet rent is still allowed in California, though it must be clearly stated in your lease.
When to Seek Legal Help
For Tenants
Consider getting legal advice if:
- A landlord is charging excessive deposits despite the new law
- You’re being discriminated against because of a service or emotional support animal
- Your accommodation request is being ignored or denied unfairly
- You’re facing eviction for pet-related issues
For Landlords
You might need legal guidance when:
- You’re unsure about compliance with the new deposit limits
- You receive an accommodation request for a service or emotional support animal
- You’re dealing with significant pet-related property damage
- You want to update your pet policies and lease agreements
The Bottom Line
California’s pet housing laws have definitely improved for pet owners, but we’re not at the finish line yet. The security deposit cap is a significant win that puts more money back in tenants’ pockets. However, finding pet-friendly housing still requires patience and persistence.
For landlords, the key is staying compliant with current law while maintaining reasonable policies that protect your property. The legal landscape continues to evolve, so keeping informed is essential.
Whether you’re a tenant or landlord, the most important thing is understanding your rights and responsibilities. When in doubt, don’t hesitate to seek professional legal advice.
Key Takeaways
California’s pet housing laws have evolved significantly, bringing both new protections and ongoing challenges for pet owners. Here are the most important points to remember:
For Pet Owners:
- Security deposits are now capped at one month’s rent total, including any pet deposits (thanks to AB 12)
- Small landlords with two or fewer properties may be exempt from these deposit limits
- Monthly pet rent is still legal and can be charged on top of regular rent
- Service animals and emotional support animals have special protections and cannot be charged any fees
- Non-refundable pet fees are generally prohibited in California
For Landlords:
- Review your lease agreements to ensure compliance with the new deposit limits
- You can still charge monthly pet rent if clearly stated in the lease
- You must make reasonable accommodations for service and emotional support animals
- Keep detailed records of all pet-related communications and policies
- Consider consulting with legal counsel to ensure full compliance
For Everyone:
- The legislative landscape continues to evolve, so staying informed is essential
- Both tenants and landlords benefit from clear communication about pet policies
- When in doubt about rights or obligations, seek professional legal guidance
Pet owners should stay informed about their rights while being responsible tenants. Landlords must ensure their policies comply with current law while protecting their investments. The conversation about pet-friendly housing continues in the California Legislature, so more changes may be coming.
Your Questions Answered
My landlord wants to charge me a $500 pet deposit on top of my $2,500 security deposit. Is this legal? For most landlords, no. Under AB 12, your total security deposit (including any pet deposit) cannot exceed one month’s rent. However, if your landlord owns two or fewer rental properties, they might be exempt from this rule.
Can I still be charged monthly pet rent? Yes, landlords can still charge monthly pet rent as an ongoing fee. This is separate from security deposits and is currently allowed under California law.
What paperwork do I need for my emotional support animal? You’ll need a letter from a licensed mental health professional stating that the animal is necessary for your emotional or mental health disability. The letter should be current and specific to your needs.
Can a landlord refuse to rent to me because I have a pet? Yes, unless your pet is a service animal or properly documented emotional support animal. Landlords can still have “no pets” policies for regular pets.
What should I do if my landlord violates the new deposit law? You can file a complaint with the California Department of Fair Employment and Housing or consider taking the matter to small claims court. You might also want to consult with a housing attorney.
Do these new rules apply to all rental properties? The AB 12 security deposit limits apply to most residential rentals, but there are exceptions for very small landlords. Some specialized housing types might also have different rules.
Can I be evicted for having an unauthorized pet? Yes, if having a pet violates your lease terms, it can be grounds for eviction. However, your landlord must follow proper legal procedures, and you may have defenses available.
What’s the difference between a service animal and an emotional support animal? Service animals are individually trained to perform specific tasks for people with disabilities. Emotional support animals provide therapeutic benefit through companionship but don’t require special training. Both have legal protections, but service animals have broader access rights.
Need Help with Pet Housing Issues?
Pet-related housing disputes can be complicated, and the stakes are high when your housing is on the line. Whether you’re a tenant facing discrimination or a landlord trying to manage complex fair housing laws, having experienced legal guidance can make all the difference.
At Steven Adair MacDonald & Partners, P.C., we help both tenants and landlords work through California’s intricate housing laws. Our team stays current with the latest legal developments to ensure your rights are protected and your interests are served.
Don’t let pet policy confusion put your housing at risk. Contact us today to discuss your specific situation and learn how we can help you find a fair resolution. When housing law gets complicated, we’re here to help you make sense of it all.