Understanding pet deposits in California can be confusing, especially with the recent changes to security deposit laws. As of July 1, 2024, California law limits security deposits to just one month’s rent, with a few specific exceptions. This naturally leads to the question: how does this new law affect pet deposits?
Generally, in California, a pet deposit falls under the same restrictions as standard security deposits. This means that currently, landlords can charge up to two months’ rent for a security deposit, and this maximum will decrease to one month’s rent starting July 1, 2024. This limit typically applies to the total security deposit, encompassing any amounts designated for potential pet damage.
However, it’s important to note that while often termed a “pet deposit”, experts advise against using this specific label. Labeling an additional deposit as solely for “pets” might restrict its usage when the tenancy ends. For instance, if a tenant owes unpaid rent, a deposit explicitly called a “pet deposit” might be legally challenged if used to cover rent arrears. Landlords benefit from maintaining flexibility in how they can utilize security deposit funds to cover various potential damages or unpaid dues.
Adding to the complexity, charging pet rent or pet fees in California is generally discouraged. These charges lack clear legal authorization and their validity becomes even more uncertain when considering rent control regulations. Moreover, if a tenant’s pet becomes a support animal, landlords might be legally obligated to eliminate such fees or even refund previously collected amounts. This could potentially lead to a loss of anticipated rent increases. For best practices, resources like standard pet addendums are recommended to establish clear and legally sound pet policies.
It’s crucial to remember that California and federal fair housing laws provide further protections for tenants with service or support animals. Charging any pet rent, pet fees, pet deposits, or mandating pet insurance for these animals is prohibited. These animals are not considered pets under the law but rather necessary accommodations for individuals with disabilities.
In summary, while there is no separate “pet deposit” limit beyond the general security deposit law in California, the total amount a landlord can collect for security, including potential pet-related damages, is capped at one month’s rent starting July 1, 2024. Landlords should be cautious about labeling deposits specifically as “pet deposits” and should avoid pet rents or fees due to legal uncertainties and fair housing considerations, especially concerning service and support animals. Consulting legal counsel is always recommended to ensure full compliance with California’s evolving landlord-tenant laws regarding pets.
