What are pet deposits and are they refundable?
Pet deposits are similar to security deposits and are refundable. They are meant to cover the cost of property damage, cleaning fees and any unpaid rent when you vacate the property.
Can a landlord refund a pet deposit in California?
California law also dictates that security and pet deposits are always refundable. Your landlord can ask you for a pet deposit, but he can't make that fee nonrefundable. If your pet doesn't damage your rental unit, your landlord must return your deposit to you when you move out.
How much pet deposit can I charge in California?
In California, how much pet deposit/ security deposit to charge depends on whether a unit is furnished or not. For furnished units, the maximum you can charge is 3X the monthly rate. For unfurnished units, the most you can ask as security deposit is the equivalent of the rent of 2 months.
Do you have to refund pet deposit when moving out?
So, if a pet doesn’t cause any damage at the time the tenant is moving out, you must refund the deposit back to the tenant. So, how much can you charge as pet deposit?
Can pet fee be refunded?
A pet fee is a one-time, non-refundable fee for wear and tear and property damage.
How much is pet deposit in California?
The state allows landlords to collect no more than two months' rent in the form of a deposit, whether they call it a security deposit or a pet deposit. As such, any security, pet or other deposits your landlord asks for cannot exceed a combined total of more than two months' worth of your rent.
Can a landlord charge a pet fee in California?
If a landlord, property owner or property management company does allow tenants to keep pets in a rental property, California law allows that landlord to charge a pet deposit fee. Bear in mind, landlords aren't required to charge a pet deposit, but it is within their right to do so.
Can a landlord charge a pet deposit and pet rent in California?
Landlords may charge a pet deposit and additional pet rent if they choose. However, if a landlord charges a deposit for pets, the pet deposit in addition to any other deposit cannot exceed two months of rent it total.
What is the purpose of a pet deposit?
A pet deposit is a payment made to the landlord to cover any damages to the property caused by a pet. It's a requirement before signing the lease. It is similar to a security deposit. The property manager must return the pet deposit once the lease ends, just like a security deposit.
How much can a landlord charge for cleaning in California?
Generally, a professional cleaning company can clean an empty unit for $200, including shampooing the carpet. Deductions for damage are only permitted if you caused them and they are beyond normal wear and tear.
Can a landlord kick you out for having a pet?
What to do if your tenant is secretly keeping a pet. If a tenant is found to be keeping a pet despite the tenancy agreement stating that they can't, the landlord has the right to evict them from the property as it is considered a breach of contract.
What do most landlords charge for pets?
How much should a landlord charge for pets? Pet deposits and fees vary, but typically range from $200 to $500. Landlords may also charge a monthly rate of $25 to $100 for pet rent. Be aware that some states or municipalities have laws that limit the amount you can charge.
Can you say no pets renting?
A landlord would need a good reason to refuse. For instance, if a home is too small for a pet to be feasible. The government's new model tenancy agreement is its recommended contract for landlords. But there is no obligation to use it and most landlords don't.
What do I do if my tenant gets a pet?
According to the Consumer Rights Act (2015), tenants should have the right to ask permission to keep a pet – a request which a landlord can't refuse without a good reason – conditions in the building's lease, or the landlord's insurance policy, for example.
What a landlord Cannot do California?
The 2019 passage of California Senate Bill No. 644 prohibits landlords from charging active duty military security deposits exceeding the amount of one month's rent for an unfurnished apartment and two months' rent for furnished apartments.
How do I get around no pet policy?
The first is to get an official letter from your psychologist or psychiatrist prescribing you with an emotional support animal. Keep in mind that the letter must come from a licensed mental health provider, and should include identifying information like your doctor's license type and number.
Donald Thomas Krupens
It sounds like the $300 pet fee is really just a variation of a security deposit. Unless the lease states otherwise withholding your pet deposit should be treated just like withholding your security deposit. The obligation on the landlord is the same as with a security deposit upon move out.
Joseph Emmett Lounsbury
California Civil Code section 1950.5 applies to security deposits for a rental agreement for residential property that is used as the dwelling of the tenant. This includes a fee that is meant to reimburse the landlord for damage caused by the pet. Because the Pet fee is security, as defined in Cal. Civ. Code 1950.5, it is refundable.
Can a landlord evict you for not having a pet?
If your lease specifies that you may not have pets, your landlord can evict you for getting one. The Federal Fair Housing Act, however, supersedes a landlord's no pet policy. According to this law, if you have a service animal, the landlord must allow you to live with it. This isn't a free pass.
Can a landlord allow dogs in California?
If a landlord does choose to allow pets, California law allows him to choose which pets to allow and which to deny. Your landlord may legally choose to allow cats and not dogs . He may also stipulate that certain breeds of dog aren't allowed. Weight limits are also legal, letting your landlord declare that pets must weigh less than a specified weight like 20 or 30 pounds.
Can you charge pet rent in California?
In these areas, your landlord can still charge pet rent, but only if your total rent still falls within the allowable rent-controlled limits.
Can you limit your dog's weight in California?
He may also stipulate that certain breeds of dog aren't allowed. Weight limits are also legal, letting your landlord declare that pets must weigh less than a specified weight like 20 or 30 pounds. California, however, passed a law in 2012 that states landlords may not limit pets based on certain requirements.
Can a landlord deny a dog?
You love your pet no matter what, but your landlord probably doesn't feel the same way. A dog who chews on door frames or a cat who sprays all over the house can both create expensive problems that your landlord will get stuck fixing. As such, California and most other states allow landlords the option of denying pets altogether, with the exception of service animals. If your landlord does allow pets, the law lets him place restrictions on the type and size of pet. He can also charge you an extra pet security deposit within reason.
Is a pet deposit refundable in California?
California law also dictates that security and pet deposits are always refundable. Your landlord can ask you for a pet deposit, but he can't make that fee nonrefundable. If your pet doesn't damage your rental unit, your landlord must return your deposit to you when you move out.
Can a landlord force a dog out?
Generally, a landlord who allows pets must apply the same rules to everyone. If your landlord allows dogs up to 50 pounds, for example, he can't arbitrarily toss out your 45-pound dog for no reason. He can, however, force your dog out if he becomes a problem child.
How much does pet rent increase in California?
Finally, even with an additional amount of pet rent, the rent cannot exceed the limits imposed by California rent control laws, including the statewide rent control laws passed in 2019, which capped rent increases to 5 percent per year plus inflation until January 1, 2030, for millions of California renters.
Can a landlord waive a service animal?
Service Animal Waivers. In order to request a waiver of exemption from a landlord's no-pets policy, federal law requires tenants with service and support pets to provide evidence of their disabilities, as well as evidence that the presence of the animal helps alleviate that disability, if requested.
Can a landlord allow pets on a rental property?
What Landlords Cannot Do. If the lease agreement signed by the property owner and the rental tenant does allow for pets to live on the premises, there are some things the landlord is not allowed to do in order for tenants to be able to keep their furry (or scaly) companions.
Can a landlord restrict service pets?
The federal Fair Housing Act does not allow landlords to widely restrict service pets on the bases of size, weight or breed , though they may determine the reasonableness of the pet inhabiting the rental space based on the specific animal in question.
Can landlords refuse to let pets in a house?
According to the Fair Housing Act, however, landlords can still refuse to allow the pet if they have reason to believe it will harm or endanger the health and safety of other tenants or cause substantial damage to the property of other tenants.
Is pet rent legal in California?
California landlords may also choose to charge what's often known as " pet rent .". What this means is that the landlord may specify a higher rent amount for tenants who own pets. This is legal as long as the total rent amount is agreed upon by tenant and landlord in the lease.
Do landlords have to charge a pet deposit in California?
If a landlord, property owner or property management company does allow tenants to keep pets in a rental property, California law allows that landlord to charge a pet deposit fee. Bear in mind, landlords aren't required to charge a pet deposit, but it is within their right to do so.
How much does it cost to replace dog urine stained carpet in an apartment?
For example, if replacing dog-urine-stained carpeting throughout the apartment costs $1500, but the landlord collected only $200 as a designated pet deposit, the landlord probably can't dip into the security deposit to cover the remaining $1300.
What is the purpose of a security deposit?
The general purpose of the deposit is to ensure that a landlord has money for repairing damage caused by tenants and covering unpaid rent. States often regulate security deposits: For example, many states have laws limiting security deposit amounts and imposing deadlines for returning security deposits. Some states also dictate how landlords can ...
Can a landlord charge more than one security deposit?
Some states also dictate how landlords can use security deposits. In some states, such as California, landlords may not charge more than a specified amount (such as one or two months' rent) as a deposit. When a landlord collects more than one type of deposit, such as a security deposit and a separate pet deposit, ...
Can a landlord charge a pet fee for disabled tenants?
Regardless of state law, under federal law, landlords may never charge a pet fee or deposit to disabled tenants who have a service or assistance animal .
Can a landlord charge a pet deposit?
In some states this is legal; in others, it's not. Regardless of state law, under federal law, landlords may never charge a pet fee or deposit ...
Is a pet fee refundable?
Otherwise, the money collected is a non-refundable pet fee. In all states, it is illegal under federal law (the Fair Housing Act and Fair Housing Amendments Act, among others) to charge tenants with disabilities a pet deposit or pet fee for service or emotional support animals.
Can a landlord use a pet deposit to clean up after a tenant trashes an apartment?
The opposite might also be true: When tenants trash an apartment, the landlord cannot use any of the pet deposit to clean up after the tenant . For example, if a tenant's dog is well-behaved, but the tenant trashes the apartment to the tune of $1500 in repairs, the landlord can't use any of the $150 pet deposit to clean up after the tenant.
Pet-Related Charges
Most landlords require you to put down a security deposit when you move into an apartment. If you damage the rental property, your security deposit gives the landlord the resources to cover the cost of repairs.
Pet Fees vs. Pet Deposits
The only real difference between a fee and a deposit is that a deposit is refundable. So, if a landlord requires you to make a pet deposit and your landlord does not have to make any pet-related repairs after you leave, the landlord must return the deposit to you.
Pet Rent
In addition to/instead of charging potential tenants pet fees or deposits, a landlord may require tenants to pay pet rent. For example, if a tenant must pay $1,000 a month for rent and the landlord charges $250 a month rent for pets, a tenant with a pet would have to pay $1,250 every month.
Tenant Rights: Pet Deposits
You have a right to see an itemized report of all the repairs and cleaning charges your landlord has made when getting your apartment ready for the next tenant. If your landlord does not use a security deposit, they must return it to you.
How much does a pet deposit cost?
Pet deposits and fees vary, but typically range from $200 to $500. Landlords may also charge a monthly rate of $25 to $100 for pet rent. Be aware that some states or municipalities have laws that limit the amount you can charge. In Seattle, for instance, landlords can charge up to 25% of one month’s rent for a pet deposit, ...
What is the difference between pet fee and pet deposit?
What is the difference between a pet deposit and pet fee? The biggest difference between these charges is refundability: A pet deposit is a one-time, refundable amount that a tenant pays to cover the costs of damage to the rental property caused by pets. A pet fee is also a one-time charge, but it’s a non-refundable amount ...
Why do you charge a pet fee?
Charging a pet fee, pet deposit or pet rent can help mitigate your risk or cover the cost of pet mishaps, and it may also encourage greater responsibility on the part of your tenants while sharing a rental home with their pets.
What is pet rent?
Unlike a one-time pet deposit or fee, pet rent is a monthly amount paid in addition to the standard rent. Because pets may cause more overall wear and tear on the home, the extra income from pet rent can help cover costs such as more frequent carpet cleaning/replacement or painting needed at a rental property that allows pets.
What is considered pet damage?
Depending on the terms of your lease, pet damage may be considered damage beyond normal wear and tear like urine stains on the carpet, or chewed or scratched floors, walls or doors.
Can you charge for a separate pet deposit?
Separate pet deposits are generally not charged for each individual pet — clearly, a deposit for every goldfish would not go over well with most renters. However, the total amount of your pet deposit, pet fee or pet rent may vary depending on the size, type and number of pets occupying the rental. For example, you may be justified in charging ...
Can you use pet deposits to pay for damage?
While both pet rent and pet deposits may be used to pay for damage caused by pets, it’s important to note that they are separate and handled differently in a rental agreement.
What is a pet deposit?
Pet deposits. Pet deposits are similar to security deposits and are refundable. They are meant to cover the cost of property damage, cleaning fees and any unpaid rent when you vacate the property. There is a maximum amount a California landlord can charge for a pet/security deposit, and that price depends on whether the rental unit is furnished.
How many people in California have at least one pet?
Pets are family, and overall the number of households in the United States including them continues to grow. In California 52.9 percent of households have at least one pet. And while having an animal friend can be such a joy, it can also bring challenges if you are looking for a place to rent.
How long do pets stay in a rental?
According to research conducted by FIREPAW, Inc., rental properties that allow pets can rent their properties more quickly and tenants with pets tend to stay longer — 46 months on average instead of 18 months. The study also demonstrated that pet fees adequately cover damage that may incur by allowing pets in a property.
How much does it cost to rent a pet?
Pet rent is a monthly charge in addition to your rent. The fee can vary depending on the number of pets and the type of breed, but averages $10 to $50 per pet.
What should I include in my pet's resume?
The resume should include your pet’s best, friendly-looking photo, name, age, breed, weight, proof of vaccinations, spay/neuter status, any training/classes taken, your pet’s personality type and references. There are several templates to choose from online to help get you started or you can pay for the service.
How much does a pet fee cost?
This fee typically does not cover any damage a pet may cause and is unlike a pet deposit. A pet fee can range between $200 to $500.
What is the 10 step test for dogs?
Dogs will be tested on their ability to walk on a loose lead, walk through a crowd, their reactivity to other dogs and distractions, and more.
Which types of pet deposits, rent, and additional fees can I collect from tenants?
Additional deposits for pets and non-refundable pet fees are prohibited in some states, while pet rent (specifically, an additional monthly amount) is generally allowed in all states. Talk to a lawyer to understand the specific laws where your property is located.
How much should I charge for pet rent?
Pet rent typically ranges from $10 to $50 per pet, per month, depending on the type of animal. The key is to charge enough pet rent to account for the additional wear and tear (short of actual damage) that may result from having a pet, while being reasonable. If it’s a renter’s market, you’ll also want to remain competitive with other landlords.
Must pet deposits be refundable?
While some states do allow non-refundable pet fees as a condition of having a pet in your rental, make sure you differentiate these fees from the deposit.
Does a pet deposit have to be used only for pet-related expenses?
It depends on your state or local law. In some cases, you may be unable to use a pet deposit to cover damage that was not caused by the animal. A landlord-tenant lawyer can help you understand your options, as far as how best to structure your deposit requirements.
Can I request a pet deposit for a service animal?
Generally, no. Federal law prohibits landlords from requiring tenants with service animals to pay an additional rent or deposit, although they may charge a reasonable fee for any damage done by the pet. They also may move to evict a tenant with a service animal that is improperly trained and causing problems on the premises.
Protect your investment
There’s a lot to think about when renting to pet owners. Consider having prospective tenants with pets fill out a Pet Application Form as part of the screening process. You’ll also want to put all pet-related rules and regulations in writing, preferably with a Pet Addendum to the Rental Agreement .