Yes — in most cases, landlords in California are allowed to charge pet rent, but whether it’s lawful depends on how the lease is written and what kind of animal the tenant has. The state treats pet rent (a monthly extra fee for having a pet) differently than security deposits or pet-related deposits, and the rules have changed in recent years. If the lease includes pet rent clearly and the tenant signs it knowingly, pet rent remains a legal additional fee. But it becomes unlawful if the pet is a protected assistance animal like a service dog or emotional support animal (ESA), or if the rental agreement fails to follow the state’s security-deposit regulations.
How California Treats Pet Fees and Deposits
Under California law, landlords may require a refundable security deposit from tenants. A “pet deposit” — money charged when a tenant brings a pet — counts toward that security deposit limit. As of July 1, 2024, new statewide rules caps the total security deposit (including any pet deposit) at the equivalent of one month’s rent for most properties.
That means landlords can no longer demand a huge up-front “pet deposit + regular deposit + extra deposit” structure the way some did years ago.
Because pet deposits are subject to the security-deposit cap and must follow the same refund rules (minus damage and unpaid rent), this helps limit excessive upfront pet-related charges.
What About Monthly Pet Rent?
Pet rent — a recurring monthly fee for keeping a pet — is not automatically banned by state law. Many landlords in California still use it: if the lease clearly states the fee, tenants agree to it, and it’s applied uniformly, it is generally legal.
Because pet rent is separate from the security deposit rules, there is no statutory statewide cap on how much a landlord can charge monthly.
That said — landlords must follow general rental laws: the pet rent should be disclosed in the lease, and if the property is under rent control or local rent laws, increases to base rent or pet rent must still comply with those ordinances.
There’s an important exception: pets that are actually service animals or emotional support animals (ESAs) for a tenant with a disability. Under federal disability-housing law (and state law aligns with it), landlords cannot charge extra fees, pet deposits, or pet rent for those animals as a condition of tenancy.
If a tenant requests reasonable accommodation for an ESA or service animal, the landlord must waive pet rent or pet fees. However, landlords can still hold the tenant responsible for damages beyond normal wear — but not impose additional deposit or recurring pet rent for the ESA.
Recent Legislative Efforts — What Could Change
Recently there has been a push in California to further limit or regulate pet-related fees. A bill proposed in 2024 aimed to ban pet rent and extra pet fees, or at least restrict landlords from charging them under blanket policies.
That bill had not passed as of 2025 — so for now, pet rent remains legal. But the debate shows lawmakers are reconsidering, and future laws could change what “legal” means for pet rent.
For tenants: If your lease includes a pet rent clause, it’s probably legal — unless you have an ESA or service animal. Be sure you understand whether that fee is refundable, what it covers, and whether it’s separate from your security deposit.
For landlords: Pet rent is an allowed tool — but you must disclose it clearly, avoid charging excessive or arbitrary amounts, and follow deposit-limit laws. You must also allow service animals / ESAs without extra fees, per fair-housing laws.
Because local cities sometimes have additional tenant protections, landlords and tenants also need to check municipal ordinances.
Conclusion
Yes — in, pet rent is generally legal in California, provided it’s included in the lease and applied properly. Landlords may also charge pet deposits (within security-deposit limits). But landlords cannot charge extra fees for service animals or emotional support animals. A proposed bill might change the legality of pet rent in the future — so the situation remains somewhat fluid. For now, though, pet rent remains a lawful (if sometimes debated) practice in most of California.
