What does California law say about rentals with pets?
Below is a quick overview of key laws and legal principles surrounding pets in California rental housing:
Landlords have the right to choose whether or not to allow non service pets generally.
Landlords must make reasonable accommodations for service or support animals.
Pet deposits and fees are handled like security deposits.
Pet rent is allowed but cannot be excessive or arbitrary.
Breed, size, and species restrictions must have sound reasoning.
Local city or county ordinances may provide additional tenant protections.
Tenants should review their rental and lease agreements closely.
Landlords must follow proper procedures for deposit deductions.
One of the most complex issues landlords face with pet policies is whether they can ban certain breeds of dogs or limit the type or number of pets. The short answer is yes,with some very important caveats.
Can landlords prohibit aggressive dog breeds?
Landlords can prohibit dogs who belong to breeds generally regarded as aggressive or dangerous, such as:
Pitbulls
Rottweilers
Doberman Pinschers
Chows
Akitas
Wolf Hybrids
However, breed restrictions must have a sound justification, such as safety concerns or insurance policies. Sweeping bans based on generalizations or fear of certain breeds can be considered discriminatory.
Additionally, some cities in California have banned breed-specific legislation against dogs altogether. These include cities like Los Angeles. So in those jurisdictions, banning specific breeds would be unlawful.
In California, landlords can charge a pet deposit, except for service dogs, psychiatric service dogs, and emotional support animals. However, the total deposit on a rental cannot exceed one month’s rent in most cases. Landlords cannot get around this limit by dividing security deposit purposes under other names, like “pet deposit” or “damage deposit.”
A pet deposit may only be used for damage caused by the pet. California law does not prevent landlords from adding a monthly pet premium to the rental amount.
California law limits a security deposit to a maximum of one month’s rent, in most cases. There are a few common exceptions to this rule:
A landlord can charge two months’ rent for a security deposit by meeting all the following conditions:
The landlord owns no more than two residential rental properties, with a maximum of four units being offered to rent
The landlord is the sole personal proprietor of the rentals, or operates through a limited liability company in which all members are natural (i.e., not corporate) persons
The tenant is not a member of the state or federal armed services
For more information: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB12