California has roughly 12 million renter households, and around 70% of those renters own pets. Yet a survey of Zillow listings found that only 20% of apartments in San Francisco and 26% in Los Angeles allowed cats and dogs of all sizes. That gap leaves millions of tenants unsure what their landlord can actually demand — and whether breed restrictions are even legal.
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This article is general information only and does not constitute professional advice. For your specific situation, consult a qualified professional.
California law doesn’t ban breed restrictions outright. Landlords can still say no to certain breeds, limit pet size, or ban pets entirely — with one major exception. Service animals and emotional support animals fall under separate rules, and those protections override most pet policies. Here’s what you actually need to know.
What This Article Covers: Pet Policies, Breed Rules, and Your Rights
What I tend to notice is that most tenants don’t realise how much the rules changed in 2024. The deposit cap alone reshapes what landlords can ask for upfront, and many lease agreements haven’t caught up yet.
What Landlords Can Actually Charge: Deposits, Fees, and Pet Rent
The biggest shift in California pet law came from Assembly Bill 12, which took effect July 1, 2024. Before that, landlords could collect up to two months’ rent as a security deposit for an unfurnished unit, plus a separate pet deposit on top. Now the total — including any pet deposit — is capped at one month’s rent for most rental properties.
Say you rent an apartment for £3,000 per month. Under the old rules, your landlord could have asked for £6,000 as a security deposit plus another £500 for your dog. Today, the maximum they can collect is £3,000 total. That single change saves tenants thousands upfront.
But there’s a catch. Small landlords who own no more than two rental properties with a total of four or fewer units can still charge up to two months’ rent. If you’re renting from someone who owns a duplex, the old limits may still apply.
Pet rent is a different story. Landlords can still charge a monthly pet rent — typically £25 to £75 per pet — and that amount isn’t capped by AB 12. It must be clearly stated in the lease and can’t be increased mid-term without your agreement. Non-refundable pet fees, however, are not allowed. Any upfront charge for a pet must be refundable as part of the security deposit.
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| Charge Type | Refundable? | Legal Limit |
|---|---|---|
| Security deposit (includes pet deposit) | Yes | 1 month’s rent (most landlords); 2 months (small landlords) |
| Pet deposit | Yes | Counts toward the security deposit cap above |
| Non-refundable pet fee | No | Not allowed under California law |
| Monthly pet rent | No (ongoing charge) | No statewide cap; must be reasonable and disclosed in lease |
If you’re a tenant trying to track what you’ve paid, a rent payment record book can help you document every charge from move-in onward. That paper trail matters if a dispute arises over what was refundable and what wasn’t.
Common Mistakes Tenants and Landlords Make With Pet Policies
Assuming breed restrictions are always enforceable
Breed restrictions in a lease are generally legal in California. But they become unenforceable the moment a tenant has a legitimate service animal or emotional support animal. Under the California Fair Employment and Housing Act (Government Code Section 12955), landlords must make reasonable accommodations for assistance animals regardless of breed. A tenant with a pit bull that serves as a psychiatric service animal cannot be denied housing or charged extra fees based on the dog’s breed. The mistake tenants make is not providing proper documentation — a letter from a licensed healthcare professional — before moving in.
Charging non-refundable pet fees
Some landlords still ask for a non-refundable pet fee of £200 or £300 upfront. That’s illegal under California Civil Code Section 1950.5. All pet-related charges must be either part of the refundable security deposit or charged as monthly pet rent. If a landlord collects a non-refundable fee, the tenant can demand it back and potentially recover damages. The fix is simple: landlords should remove any non-refundable language from their lease and treat all pet deposits as refundable.
Ignoring the small landlord exception
Tenants often assume the one-month deposit cap applies to every rental in California. It doesn’t. If your landlord is an individual who owns two or fewer rental properties with no more than four units total, they can still charge up to two months’ rent as a security deposit. That exception catches many tenants off guard when they sign a lease with a small-scale landlord and discover the higher deposit is perfectly legal.
Not documenting move-in condition
Pet damage disputes are the most common reason deposits don’t get returned. Without a detailed move-in inspection report, landlords can claim existing scratches or stains were caused by the tenant’s pet. A thorough photo and video walkthrough — ideally with the landlord present — protects both sides. Tenants should keep copies of all communications about pets, including any approval emails or signed pet addendums.
How Pet Policies Actually Work in Practice: What to Do Before You Sign
Reading the lease for pet clauses
The lease is where everything starts. Look for a pet addendum that specifies allowed breeds, size limits, the number of pets permitted, and any monthly pet rent. If the lease says “no pets” but you have an assistance animal, you need to request a reasonable accommodation in writing before signing. Landlords can ask for documentation from a healthcare professional confirming your need for the animal, but they cannot demand training certificates or proof of certification for service animals.
Calculating the real cost of pet ownership in a rental
Beyond the security deposit, factor in monthly pet rent — typically £25 to £75 per pet — and any potential rent increases tied to the pet. Under SB 611, which took effect July 1, 2025, landlords must clearly itemise all additional charges, including pet rent, so you should see every cost broken out in the lease. Some landlords also require renters insurance that covers pet liability, which adds another monthly expense. A pet liability insurance policy can cost as little as £5–£15 per month and covers damage your pet causes to the unit.
Requesting an accommodation for assistance animals
If you have a service animal or emotional support animal, the process is straightforward but requires documentation. Submit a written request to your landlord explaining that you have a disability-related need for the animal. Include a letter from your licensed healthcare provider stating that the animal provides therapeutic benefit or performs specific tasks. Landlords cannot charge pet deposits or pet rent for assistance animals, and they cannot deny housing based on the animal’s breed or size. The accommodation must be granted unless it creates an undue financial burden on the landlord — a high legal bar that rarely applies in standard rentals.
What happens when AB 2216 or similar bills return
The failed AB 2216 would have banned blanket no-pet policies and prohibited extra pet charges. It didn’t pass, but the conversation continues. Several bills in the 2025–2026 session target pet rent limits and junk fee transparency. Landlords who prepare now — by updating lease language, setting reasonable pet policies, and documenting all charges — will have an easier time when new rules eventually take effect. Tenants should watch for legislative updates, especially if they’re searching for pet-friendly housing in a tight market.
Frequently Asked Questions About Pet Policies and Breed Restrictions in California
Can a landlord ban pit bulls in California? ▾
What’s the difference between a pet deposit and pet rent? ▾
Can my landlord raise my pet rent mid-lease? ▾
Do I need a lawyer to fight an illegal pet fee? ▾
What counts as a reasonable accommodation for an ESA? ▾
Does the one-month deposit cap apply to month-to-month tenancies? ▾
What the Next Few Years Mean for Pet Owners and Landlords
The failed AB 2216 showed that California’s legislature is serious about expanding pet-friendly housing. Landlords who currently ban pets or charge high pet rent should expect new restrictions within the next few years. Tenants, especially those with assistance animals, already have strong protections that many don’t use. The smartest move for both sides is to get everything in writing — lease terms, accommodation requests, inspection reports — before a dispute arises.
Remember: this article is general information only. For advice on your specific situation, speak to a qualified professional.
If this was useful, you might also want to read Understanding Early Lease Termination in Canadian Rentals.
Sources and Further Reading
Tips for Navigating Rental Deposit Refund Disputes — Practical steps for handling deposit disputes, relevant whether you’re in California or Canada.
California Legislative Information (2024). AB 12 — Security deposits: limits. 🔗
California Legislative Information. California Civil Code Section 1950.5. 🔗
California Legislative Information. California Government Code Section 12955 — Fair Employment and Housing. 🔗
Hemlane (2026). California Pet Rent Laws in 2026: A Guide for Landlords. 🔗
LeaseRunner (2025). Pet Rent Laws in California: What’s Legal, What’s Not (2025 Guide). 🔗
