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Routes: AnimalsXYZ · Pet Housing / Deposits (Sacramento · Stockton · Modesto)
The Move-In Hook
You found a rental that takes dogs — then the lease adds a “pet deposit,” a “pet fee,” and “pet rent” on top of a full security deposit. Is all of that legal in California? Ava asked attorney Michael Benavides what a landlord can really charge to keep a pet in the unit.
Ava Asks, Michael Answers — Pet Deposits & Pet Rent, Plain English
Ava:
Can a California landlord charge a separate pet deposit on top of my regular deposit?
Michael, Esq.:
No — not as an extra. Under Civil Code §1950.5, every refundable deposit counts as one combined security deposit, and a “pet deposit” lives inside that single total. A landlord can’t stack it on top of the regular deposit.
Ava:
So how much can the total deposit be?
Michael, Esq.:
For leases signed on or after July 1, 2024, AB 12 capped the total security deposit at one month’s rent — furnished or unfurnished. So if a landlord already takes a full month, there’s no room left to add a separate pet deposit.
Ava:
Is there any exception to that one-month cap?
Michael, Esq.:
A narrow one for small owners — a natural person (or an LLC owned only by natural persons) who owns no more than two rental properties totaling no more than four units can collect up to two months. But it doesn’t apply against a service-member tenant, and even then any pet deposit still has to fit inside that total.
Ava:
Can a landlord keep the pet deposit just because an animal lived there?
Michael, Esq.:
No. Like any deposit it must be refundable. A landlord can apply it to documented pet damage beyond ordinary wear and tear — but California does not allow nonrefundable deposits of any kind. A “nonrefundable pet fee” isn’t enforceable.
Ava:
What about “pet rent” — is that legal?
Michael, Esq.:
Yes. Pet rent is an ongoing charge, not a deposit, so it sits outside the §1950.5 cap and isn’t refundable — often $25 to $75 a month. As long as it’s stated in the lease, California doesn’t currently cap or ban it.
Ava:
Didn’t a new law ban pet rent?
Michael, Esq.:
That’s the confusion online. AB 2216 would have barred separate pet rent and blanket no-pet policies — but it did not pass. As of now there’s no statewide pet-rent ban. Local ordinances can be stricter, so check your city’s code too.
Ava:
What if it’s a service animal or an emotional support animal?
Michael, Esq.:
Then none of the pet charges apply. Under the federal Fair Housing Act and California’s FEHA, an assistance animal isn’t a “pet” — a landlord generally can’t charge a pet deposit, pet fee, or pet rent for it, even under a no-pets policy. You’re still responsible for actual damage the animal causes.
What to Do
In California, a pet deposit is part of the single security deposit capped at one month’s rent under AB 12 (two months for qualifying small landlords), every deposit must be refundable, and pet rent — while still legal — is separate from all of that. For a verified assistance animal, none of the pet charges apply. Add up your move-in costs, take dated photos, and get a clear written pet agreement. A free AnimalsXYZ consult in Sacramento, Stockton, or Modesto tells you whether what you’re being charged is lawful.
AnimalsXYZ by Caffeine Law — free consult | Michael Benavides, Esq., CA Bar No. 270714 | Sacramento, Stockton & Modesto | 707-362-4166 | attorneymichaelbenavides.com
ATTORNEY ADVERTISING. AnimalsXYZ is a content brand of the law practice of Michael Benavides, Esq., California State Bar No. 270714. Ava is an editorial brand voice, not an attorney; only Michael Benavides, Esq. provides legal analysis. General information only — not legal advice; no attorney-client relationship is formed by reading this. Authority referenced (Civil Code §1950.5; AB 12, eff. July 1, 2024; AB 2216, did not pass) is as of mid-2026 — local ordinances may be stricter; verify before acting. Prior results do not guarantee a similar outcome.
