It’s a common question for landlords in California: “Can I charge a pet deposit in addition to the standard security deposit?” The short answer is yes, you can, but California law places specific limitations on how much you can collect. Understanding these rules is crucial for landlords to ensure they are compliant and protect their property while remaining fair to tenants with pets.
California law dictates that pet deposits are considered part of the overall security deposit. This means that any pet deposit you collect contributes to the maximum security deposit amount you can legally charge. Currently, in most cases, this limit is capped at two times the monthly rent. Furthermore, this regulation is set to become even more restrictive. Starting July 1, 2024, the maximum allowable security deposit will decrease to just one month’s rent. Therefore, if you have already collected the maximum security deposit from a tenant, you cannot charge an additional amount specifically designated as a pet deposit.
It’s also important to consider how you label any additional deposit related to pets. The California Apartment Association (CAA) advises against using the term “pet deposit.” Designating funds specifically as a “pet deposit” might restrict your ability to use those funds for other legitimate purposes at the end of a tenancy. For instance, if a tenant vacates the property with unpaid rent, you may face challenges using funds labeled as a “pet deposit” to cover that rent, as it might be argued that these funds are solely for pet-related damages. It is generally recommended to consider any pet-related charges as part of the general security deposit to maintain flexibility in its usage for various potential damages or unpaid dues.
Another critical aspect to be aware of is the concept of “pet rent” or similar recurring fees for pets. CAA strongly discourages landlords from implementing “pet rent” or similar charges. The legal standing of these charges is ambiguous, particularly for properties subject to rent control ordinances. The legality and enforceability of pet rent are uncertain, and landlords may encounter legal challenges if they choose to implement such fees. For clear and legally sound pet policies, CAA recommends utilizing their pet addendum and seeking advice from legal counsel when developing any alternative pet policies to ensure compliance with California law.
Finally, it is imperative to remember the protections afforded to individuals with service animals and support animals under both California and federal Fair Housing laws. It is illegal to charge pet rent, pet fees, pet deposits, or require pet insurance for tenants who require service animals or support animals. These animals are not considered pets under the law but rather necessary accommodations for individuals with disabilities. Landlords must reasonably accommodate tenants with these animals and cannot impose any pet-related financial burdens upon them. For further information on this topic, resources like CAA’s Industry Insight on pets and service animals and their webinar on service and support animals provide valuable guidance. You can find more details in CAA’s paper on Security Deposits: Collection and Return.
In conclusion, while California landlords can charge a pet deposit, it is crucial to understand that it falls under the umbrella of the general security deposit limit. Landlords should be cautious about specifically labeling deposits as “pet deposits” and avoid charging “pet rent” due to legal uncertainties. Furthermore, strict adherence to fair housing laws regarding service and support animals is mandatory. Staying informed and consulting legal resources will help California landlords navigate pet policies effectively and legally.
