Apartment Pet Policies in CA: Are Breed Restrictions Legal? (Debatable!)

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.

Disclosure: Some links on this page are affiliate links. If you make a purchase through them, Britwealth may earn a commission at no extra cost to you. We only include products and services that are relevant to the topic.

This article is general information only and does not constitute professional advice. For your specific situation, consult a qualified professional.

70%
of California renters own pets
Hemlane

1 month
max security deposit (incl. pet deposit) since July 2024
California Civil Code §1950.5

67,881
pets surrendered to CA shelters — housing was the top cause
Hemlane

$25–$75
typical monthly pet rent per pet in California
LeaseRunner

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

Breed restrictions are legal — but not for assistance animals
Landlords can ban specific breeds in lease agreements. But service animals and emotional support animals are exempt from breed bans under fair housing law.

Security deposits are now capped at one month’s rent
Since July 2024, AB 12 limits total deposits — including any pet deposit — to one month’s rent for most landlords. Small landlords with two or fewer properties can still charge up to two months.

Non-refundable pet fees are illegal in California
All pet charges must be part of the refundable security deposit or charged as monthly pet rent. Upfront fees you never get back are not allowed under state law.

AB 2216 didn’t pass — but the debate isn’t over
A bill that would have banned blanket no-pet policies and extra pet charges failed in 2024. Similar legislation is expected to return, so the rules may shift soon.

Emotional Support Animal (ESA)
An animal that provides therapeutic benefit to a person with a diagnosed mental health condition. Under California law, ESAs are not pets — landlords must accommodate them without extra fees or deposits, provided the tenant has a letter from a licensed mental health professional.

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.

The £1 Threshold Trap
Charge a pet deposit that pushes the total security deposit over one month’s rent, and the entire amount above the cap is illegal. Tenants can sue for up to twice the excess deposit in damages under California Civil Code Section 1950.5.

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.

→ Scroll right to see all columns

Source: California Civil Code §1950.5
Charge TypeRefundable?Legal Limit
Security deposit (includes pet deposit)Yes1 month’s rent (most landlords); 2 months (small landlords)
Pet depositYesCounts toward the security deposit cap above
Non-refundable pet feeNoNot allowed under California law
Monthly pet rentNo (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? ▾
Yes, for regular pets. Breed-specific bans in lease agreements are legal. But the restriction cannot apply to service animals or emotional support animals under fair housing law.
What’s the difference between a pet deposit and pet rent? ▾
A pet deposit is refundable and counts toward the security deposit cap. Pet rent is a non-refundable monthly fee that isn’t capped by AB 12 but must be disclosed in the lease.
Can my landlord raise my pet rent mid-lease? ▾
No. Pet rent cannot be increased during the fixed term of a lease unless both parties agree in writing. Any increase must also comply with local rent control ordinances.
Do I need a lawyer to fight an illegal pet fee? ▾
Not necessarily. You can file a complaint with your local fair housing agency or small claims court. For complex cases, a landlord-tenant legal service can help you understand your options without a full attorney retainer.
What counts as a reasonable accommodation for an ESA? ▾
A landlord must allow the animal even if pets are normally banned, and cannot charge extra deposits or pet rent. You need a letter from a licensed mental health professional confirming the animal’s therapeutic role.
Does the one-month deposit cap apply to month-to-month tenancies? ▾
Yes. AB 12 applies to all leases signed on or after July 1, 2024, including month-to-month agreements. The cap covers the total of all deposits, including any pet deposit.

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). 🔗

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Sam Willy

I’m Sam Willy, one of the bright minds behind BritWealth.com, where I share insights, stories, and fun ideas about a wide range of topics—finance included, but not limited to it! My journey into the world of writing began with a simple hobby: sharing the things that fascinated me. From quirky facts to deeper dives into personal development, I’ve always been curious about the world around me and love passing that knowledge on.
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