California treats pet deposits differently than most states, and the rules changed significantly in 2024 and 2025. Rather than letting a landlord charge a separate pet deposit on top of a security deposit, California folds every deposit and fee into one capped total. For a rental owner or a property manager in Kern County, knowing where a pet deposit fits inside that cap is the difference between a lease that holds up and one that invites a dispute.
Does California Treat Pet Deposits as a Separate Category?
No. Under California Civil Code Section 1950.5, the term “security” covers any payment, fee, deposit, or charge collected at the start of a tenancy to cover a tenant’s default in rent or damage beyond normal wear and tear. A pet deposit is not defined as something separate from this. It is one possible reason a landlord might collect part of the security, which means it has to fit inside the same overall limit as everything else collected upfront, not sit outside it as its own line item.
The Total Security Deposit a Landlord May Collect
The cap on total security, including any amount attributed to a pet, depends on the type of landlord.
| Landlord Type | Maximum Security | Condition |
| Most landlords | 1 month’s rent | Applies regardless of whether the unit is furnished |
| Small landlord exception | 2 months’ rent | Landlord is a natural person or an all-natural-person LLC, owns no more than 2 rental properties totaling 4 units or fewer, and the tenant is not an active-duty service member |
This cap took effect for leases signed, renewed, or extended on or after July 1, 2024, and it was updated again effective January 1, 2026 to add the photo documentation requirements described below. The older rule allowing a higher deposit for furnished units no longer applies.
Pet Rent vs. Pet Deposit vs. Pet Fee Under State Law
These three terms get used loosely, but they are not interchangeable under California law.
| Term | How It Works | Subject to the Deposit Cap |
| Pet rent | A recurring monthly charge added to rent for the life of the tenancy | No, since it is not collected as security |
| Pet deposit | A one-time amount collected at move-in, earmarked for pet-related damage | Yes, counted within the 1-month or 2-month total |
| Pet fee | A one-time amount sometimes labeled a flat, non-refundable charge | Yes; California does not recognize a legally nonrefundable pet fee, so it is treated as security like a pet deposit |
That last row is where many leases go wrong. Calling a charge a fee instead of a deposit does not change how the law treats it; if the money is collected at move-in to offset pet risk, it counts as security.
Returning the Deposit After a Tenant With a Pet Moves Out
A landlord has 21 calendar days after the tenant vacates to provide an itemized statement and return the remaining balance. A deduction for pet-related damage follows the same standard as any other deduction: it must be reasonably necessary to repair actual damage beyond ordinary wear and tear, not a blanket charge because a pet lived in the unit. As of April 1, 2025, landlords must also photograph the unit before the tenancy begins and after the tenant vacates, before any repairs are made. A landlord who fails to follow these steps in bad faith can be liable for damages up to twice the security amount.
Why No Portion of a Deposit Can Be Called Nonrefundable
Section 1950.5 states directly that a lease cannot characterize any security as nonrefundable. This is the rule that closes the loophole some landlords try to use by charging a flat, one-time pet fee separate from the deposit. If the charge is functioning as protection against pet-related damage, it is security under the statute’s broad definition, regardless of the label the lease gives it, and it must be accounted for and potentially returned like the rest of the deposit.
Assistance Animals Are Exempt From Pet-Related Charges
Neither a pet deposit nor pet rent can be charged for a trained service animal or an emotional support animal. Under the California Fair Employment and Housing Act and the federal Fair Housing Act, an assistance animal is a reasonable accommodation for a disability, not a pet, so pet policies and pet-related charges do not apply to it. A landlord may ask for documentation supporting the need for the accommodation when the disability or the need is not obvious, but cannot deny the request or charge a fee simply because the animal does not meet a breed or size restriction that would otherwise apply to pets.
For an emotional support animal specifically, Health and Safety Code Section 122318 adds a documentation standard: a health care practitioner cannot issue a supporting letter unless they hold a valid, active license, have had a client-provider relationship with the tenant for at least 30 days, and have completed a clinical evaluation of the need for the animal. A letter generated the same day as a request, with no prior relationship to the person, does not meet this standard.
Naming a Specific Pet Deposit Amount in the Lease
Many landlords still identify a dollar amount within the security deposit as attributable to a pet, even though the law does not require a separate category. Doing so can help later if a dispute arises over a deduction, since the lease shows which portion of the total security related to pet risk. The requirement is that this amount, once added to any other deposit or fee collected at move-in, still stays within the 1-month or 2-month cap. Labeling part of the deposit a pet deposit does not place it outside that limit.
A Word on Insurance Beyond the Legal Requirements
Beyond what state law requires, many landlords ask a tenant to carry renters insurance with pet liability coverage before approving a pet. This is not a California legal requirement, but a landlord’s own property insurance may exclude certain dog breeds or condition coverage on the tenant carrying liability insurance. Checking with an insurance carrier before finalizing a pet policy is worth doing alongside, not instead of, the legal requirements above.
The Takeaway for Bakersfield-Area Landlords
For an owner managing a rental, the practical takeaway is to treat any pet-related charge collected at move-in as part of the same total the tenant already pays, not as an addition to it. A lease should spell out the total security amount, whether any portion is attributed to a pet, and whether pet rent applies separately. Keeping these categories clearly labeled and documenting unit condition with photos at both ends of the tenancy gives a landlord the strongest position if a dispute over deductions comes up later.
Common Questions, Answered
Can a landlord charge both pet rent and a pet deposit? Yes. A landlord can charge a modest deposit within the overall security cap and also charge ongoing pet rent, as long as the deposit portion stays within the legal limit and the pet rent is disclosed in the lease.
Is a nonrefundable pet fee legal in California? No. A charge collected at move-in to cover pet-related risk is treated as security no matter what it is called, and security cannot be labeled nonrefundable.
Does a service animal need to be professionally trained? A service animal is trained to perform specific tasks, while an emotional support animal does not, but both qualify for the same fee and deposit exemptions.
Can a landlord verify that an emotional support animal letter is legitimate? Within limits, yes. A landlord can confirm the letter came from a licensed provider with at least a 30-day relationship to the tenant but cannot demand medical records or a diagnosis.
At a Glance
- A pet deposit is not separate from the security deposit; both are capped together
- A pet fee is not automatically legal just because it is labeled non-refundable
- Standard cap is 1 month’s rent; a small landlord exception allows up to 2 months
- Pet rent is a separate, uncapped monthly charge and must be disclosed in the lease
- Itemized statement and remaining deposit are due within 21 days of move-out
- Photos of unit condition are required before and after the tenancy under the 2025 update
- Service animals and emotional support animals cannot be charged a pet deposit or pet rent
- ESA letters must come from a licensed provider with at least a 30-day prior relationship to the tenant
California’s deposit rules leave less room for a separate pet charge than many other states allow, but they do not stop a landlord from protecting against pet-related damage. Structuring the lease inside the current caps and documentation rules is what keeps a pet policy enforceable.
This content is provided for general informational and educational purposes only and does not constitute financial, legal, tax, or investment advice. Readers should consult with licensed professionals regarding their specific circumstances.
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