Yes, a California landlord can charge for a pet. The catch is that two of the three usual charges are security deposits under state law, so they share the one-month cap with everything else you collect at move-in. Only a monthly pet rent sits outside it.
For how pet deposits, fees, and rent compare in general, see pet deposit vs pet rent vs pet fee. This post is the California version, where the statute settles most of the questions for you.
A pet deposit is part of the security deposit
Civil Code § 1950.5(b) treats any payment, fee, deposit, or charge imposed at the beginning of the tenancy as security. Subdivision (c) caps security “however denominated” at one month’s rent for most landlords, or two months for a qualifying small landlord. The Department of Real Estate’s tenant guide lists the pet deposit by name as one of the charges the law counts as part of the security deposit.
So the pet deposit does not add to the cap. It takes a share of it. On a $2,400 apartment:
| Charge | Amount |
|---|---|
| Cap (one month) | $2,400 |
| Pet deposit | $500 |
| Most you can take as the general security deposit | $1,900 |
A small landlord who qualifies for two months has $4,800 to divide the same way. The AB 12 cap explained covers who qualifies, and the security deposit calculator gives the ceiling for your rent.
A “non-refundable pet fee” does not work here
In a lot of states the workaround is a one-time pet fee marked non-refundable. California closes that off twice. A fee charged at the start of the tenancy is security under subdivision (b), so it counts against the cap. And subdivision (n) says no lease may call any security nonrefundable.
If your lease has a $300 non-refundable pet fee, read it as a $300 refundable deposit that counts toward the cap. At move-out it comes back, less any lawful deductions, with the rest of the deposit and under the same itemization rules.
Pet rent
Section 1950.5 regulates security collected at the start of a tenancy. It does not address a monthly charge for an animal. A monthly pet charge works best written into the rent line of the lease, as a set dollar amount, so nobody mistakes it for part of the deposit.
Two things to check before you add it:
- A tenancy already under way. Adding pet rent mid-lease changes the rent. If the unit is under the statewide rent cap or a local rent ordinance, ask how the charge is treated before you send the notice. How to calculate a legal rent increase in California covers the cap itself.
- Damage is still damage. Pet rent does not let you charge for ordinary wear at move-out. Subdivision (e) bars wear-and-tear deductions whatever else the tenant paid.
Assistance animals: no pet charges at all
A service animal or a support animal is not a pet under California fair housing rules. The Civil Rights Council’s regulation is specific: a person with an assistance animal “shall not be required to pay any pet fee, additional rent, or other additional fee, including additional security deposit or liability insurance, in connection with the assistance animal” (2 CCR § 12185(d)(2)). Breed, size, and weight limits do not apply to an assistance animal either (§ 12185(d)(5)).
What you keep is the right to be paid for real damage. The tenant can be required to cover the cost of repairing damage the animal causes, excluding ordinary wear and tear (§ 12185(d)(3)). In practice that means the regular security deposit, sized under the normal cap, with no animal surcharge on top.
If a tenant who pays pet rent later asks for an accommodation for the same animal, the question has changed. Get advice before you answer.
Two more California pet rules
Declawing and devocalizing. If you allow animals, you cannot require a tenant to declaw or devocalize one, refuse a tenant who will not, or advertise in a way that discourages those applicants (Civ. Code § 1942.7).
A written pet policy, from April 1, 2027. SB 1296, signed September 30, 2026, adds Civil Code § 1942.7.5. Every landlord will need a written pet policy or pet addendum, even one that simply says no pets. A copy goes out with every rental application, the application needs a space for the applicant to acknowledge receiving it, and online listings and the property’s website must link to it where the platform allows. If you charge an application fee without having disclosed the policy, and the applicant drops out because of it, you refund the fee on request within seven business days. The law does not require anyone to accept pets. If you are drafting the clause now, writing a pet policy into your lease covers what goes in it.
A California pet setup that holds up
- Keep every move-in charge, pet deposit included, under the one-month cap (or two months if you qualify). Write each amount on the lease separately.
- Do not call any of it non-refundable.
- If you want to price ongoing wear, use a monthly pet rent on the rent line.
- Never apply pet charges to an assistance animal.
- Record the pet deposit with the security deposit in deposit tracking so both come back, or get itemized, together.
This is general information, not legal advice. Rules change and local ordinances vary. Confirm current requirements with your city, county, or an attorney before you act.