Want a pet at your California rental? Know these state laws before signing a lease
For renters, it can be complicated to find pet-friendly housing.
Some landlords are reluctant to allow pets in their rentals because of damage and liability concerns, which in California is enough to deny a pet owner’s rental application. This limits the rental stock of pet-friendly rental options and leads to frustration for those who consider their pets an extension of their family.
More than 80% of participants in a national survey said a pet-friendly policy impacted their apartment search, according to Apartments.com. In that same survey, 65% participants said they had to give up their pet due to not being able to find a pet-friendly apartment and 27% not being able to afford the pet deposit.
In early September, Gov. Gavin Newsom signed legislation to increase development of pet-inclusive low-income housing. The bill was signed in hopes to eliminate displacement of pets from their owners.
California pet rental laws can get tricky, and are slightly different between subsidized housing and rentals. We broke down everything that you and your furry, four-legged friend need to know.
Pet deposits
Upon move in, landlords typically ask for a deposit that covers incidentals or first and last month’s rent. California Law limits security deposits to the equivalent of two months rent for unfurnished apartments, and three months rent for furnished apartments.
For pet-friendly rentals landlords may also ask for an additional deposit for your pet.
Many states, including California, do not have a statute on pet deposit laws. According to the website American Landlord, California pet deposits must be “reasonable and must be refunded unless there are deductions.”
As a tenant, you’re responsible for the wear and tear caused by your pet. Upon moving out your landlord can deduct from your deposit to cover any repairs.
For tenants living in subsidized housing pet deposits should not exceed $300. According to the United States Department of Housing and Urban Development, that includes people covered by the following subsidy programs: Section 8 New Construction; Section 8 Substantial Rehabilitation; Section 8 State Agency, Rural Rental Housing 515 with section 8; Section 202 with Project Rental Assistance Contracts; Section 811 with Project Rental Assistance Contracts; Rent Supplement; Rental Assistance Payment; Section 236 Interest Reduction; Section 202 with Section 8; Section 202 with Project Assistance Contract; and Section 2219d(9)(3) Below Market Interest Rate Program.
Pet rent
Pet rent is legal in California and allows landlords to increase monthly rent. The added pet rent would be in addition to a pet deposit, but cannot exceed the limits imposed by California rental control laws.
Service animals
Under the Federal Fair Housing Act, registered emotional support and service animals are not considered a pet. Which means despite the apartment unit’s pet rules, the landlord must agree to the registered animal in the unit.
As a tenant, you should notify your landlord that you’ll be living with a registered animal in the unit. Write a written request to the landlord in which case he is obliged under California law to agree to the pet living in the unit, according to the Sacramento Renter Helpline website.
People with emotional support or service animal cannot be charged a separate pet deposit.
Pet violations
California renters who violate a lease agreement, by either bringing in a pet to a unit that doesn’t allow animals or having a noisy dog, cannot be immediately kicked out of the rental. A landlord has the option to hand you a notice where you have the opportunity to correct the violation within three days according to the California Tenants guide.
Subsidized housing tenants have 10 days to either correct the violation or request a meeting with the landlord, according to HUD.
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This story was originally published October 27, 2022 at 7:00 AM.