California Pet Rent Laws in 2025: A Guide for Landlords

Written by Jennifer Park, California Operations Director at Hemlane
Last updated: December 2024

I spent most of 2024 attending legislative hearings, reading amendments and explaining California's proposed pet rental bill (AB 2216) to confused landlords across the state. The bill ultimately didn't pass in its original form, but watching the debate unfold taught me more about California's pet rental landscape than my previous eight years managing properties here.

Here's what nobody tells you: California is ground zero for the pet rental wars. According to San Francisco Assemblymember Matt Haney who authored AB 2216, 70% of California renters have pets but only 30% of open rentals accept them. In San Francisco specifically, only 21% of rentals on the market allow pets.

That gap—between pet-owning renters and available pet-friendly housing—creates constant tension. And as someone managing 680 rental units through Hemlane's platform across California, I've seen both sides: landlords terrified of pet damage, and excellent tenants rejected simply because they have a dog.

This guide reflects what actually works in California today, what almost changed in 2024, and what you need to know as we head into 2025.

The Legislative Battle That Almost Changed Everything

Let me start with AB 2216 because understanding what almost happened helps explain where California pet law stands now.

Assemblymember Matt Haney introduced AB 2216 in February 2024 with an ambitious goal to prohibit blanket pet bans in rental units and require landlords to have reasonable reason(s) for not allowing a pet. The bill would have also prevented landlords from charging pet rent or additional deposits.

The statistics backing the bill were compelling. California has 17 million families and individuals renting—close to 12 million, or 70% of these renters are pet owners. Yet the housing stock doesn't match: Haney's staff analyzed Zillow apartment listings and found that 20% of San Francisco apartments allowed cats and dogs of all sizes, while 18% of those in Sacramento and 26% in Los Angeles did.

The human impact? A survey of 240 California based shelters revealed that 67,881 pets were surrendered by their owners, with the leading cause being a lack of access to pet friendly housing.

Why Landlord Groups Fought Back

I attended several California Apartment Association meetings during the AB 2216 debate. The opposition was fierce, but not primarily about hating pets—it was about economics and liability.

As originally drafted, the bill would have imposed a requirement on rental housing providers to accept "common household pets," and initially prohibited charging additional pet fees or pet deposits. For landlords, this created a straightforward problem: pet damage is real and expensive, but we'd lose the financial tools to address it.

I personally spoke with a San Diego landlord who had spent $6,200 replacing flooring after undisclosed cats caused urine damage. Under the original AB 2216 language he would have been required to accept pets but could not charge deposits to cover that risk.

The Amendments That Followed

Due to strong advocacy efforts, several important amendments were negotiated with the bill's author, including exemptions for smaller properties and the ability to charge pet deposits.

The key changes included:

• Exclusion of rental properties with 15 or fewer units from the pet mandate
• Delaying implementation until April 1, 2025 for new leases only
• Allowing reasonable pet restrictions and conditions
• Permitting pet deposits within existing security deposit limits

But even with these compromises opposition remained strong. The bill passed the Assembly but faced uncertain prospects in the Senate. As of December 2024 AB 2216 has not become law though discussions continue.

What This Means for Landlords Today

California landlords currently retain full discretion over pet policies. You can prohibit pets entirely, restrict by breed or size or charge pet-related fees which are subject only to security deposit limits and service animal protections.

However, the vote on AB 2216 signals that change is coming. Whether it is 2025, 2026 or beyond, California will likely move toward more pet-friendly housing requirements. Smart landlords are preparing now rather than being caught off guard later.

California's Current Security Deposit Rules (And How They Changed in 2024)

This is where California landlords often trip up especially with pet deposits. The rules changed significantly on July 1, 2024 and many landlords have not adjusted their practices.

The New One-Month Cap

For all new leases signed on or after July 1, 2024 the maximum security deposit that California property owners are allowed to collect (in addition to the first month's rent) is one month's rent regardless of whether the unit is furnished or unfurnished.

This change came from Assembly Bill 12 (AB 12) which amended California Civil Code Section 1950.5. Prior to July 1, 2024 landlords could charge two months' rent for unfurnished units and three months' for furnished units.

The Small Landlord Exception

There's a critical exception that applies to many of our Hemlane users. If a property owner is (1) a natural person or limited liability corporation in which all members are natural persons and (2) owns no more than two residential properties that collectively include no more than four dwelling units the maximum security deposit may not exceed two months' rent.

Example: Maria owns a duplex in Oakland. Monthly rent is $2,500 per unit. Because she qualifies as a small landlord (natural person and owns one property with two units) she can charge up to $5,000 as a security deposit per unit. Without the exemption, she would be capped at $2,500.

How Pet Deposits Fit Into This

Here is the part that confuses everyone: Any security deposit, whether it is for pets, keys or other purposes, must be included within the overall limits set by law.

This means you cannot charge:

• $2,000 security deposit PLUS
• $500 pet deposit PLUS
• $200 key deposit

That would total $2,700 exceeding the $2,000 one-month cap (assuming $2,000 monthly rent).

Instead, your structure must be:

• $2,000 total security deposit (which covers everything: general damages, pet damage, keys, etc.)

Many California landlords learned this the hard way in late 2024 when tenants sued for return of "illegal" pet deposits that exceeded statutory limits.

The Pet Rent Alternative

Since pet deposits count toward your total security deposit cap smart landlords shifted to pet rent which is a monthly fee that does not count as a deposit.

Pet rent in California typically ranges from $25 to $75 per month depending on:

• Size and type of pet
• Local market rates
• Property type and amenities
• Number of pets allowed

For a $2,500/month San Francisco apartment, charging $50/month in pet rent adds $600 annually to your income—without touching your security deposit limit.

Through Hemlane's financial tracking, I've seen California landlords successfully implement:

• $30-40/month for cats
• $40-60/month for small dogs (under 25 lbs)
• $60-75/month for large dogs

The Non-Refundable Pet Fee Option

You can also charge a one-time non-refundable pet fee separate from the security deposit. These typically range from $200 to $500 in California markets.

However, there's legal ambiguity here. California Civil Code 1950.5 states that a lease or rental agreement shall not contain a provision characterizing any security as "nonrefundable."

Does a "pet fee" count as "security"? The statute defines "security" as any payment, fee, deposit, or charge, including, but not limited to, any payment imposed at the beginning of the tenancy to be used to reimburse the landlord for costs.

I've consulted with three California real estate attorneys on this, and opinions vary. Most agree that true non-refundable fees (clearly labeled not for damage coverage) are permissible but gray areas exist. I recommend consulting an attorney before implementing non-refundable pet fees in California.

Service Animals and ESAs: Where Federal Law Takes Over

This is non-negotiable territory and misunderstanding it is the fastest route to Fair Housing violations. California's laws on assistance animals are strict, comprehensive and actively enforced.

The Legal Framework

Both the federal Fair Housing Act (FHA) and California's Fair Employment and Housing Act (FEHA) protect tenants with disabilities who need assistance animals. In California, this includes both service animals and emotional support animals (ESAs).

A service animal is a dog or miniature horse that works, assists or performs tasks for a person with a disability. Service animals must be trained to perform specific tasks.

An Emotional Support Animal (ESA) can be any animal that provides comfort or support that alleviates one or more symptoms of a person's disability. Emotional support animals do not need specific training.

The critical distinction: service animals have public access rights under the ADA, while ESAs do not. But for housing purposes both receive the same protections under Fair Housing laws.

What You Cannot Do

According to the Fair Housing Act, landlords may not prohibit their tenants from owning emotional support animals provided they are able to furnish a valid letter from a medical professional. Additionally, owners are not required to pay any additional fees for their ESA.

This means:

• No pet rent for service animals or ESAs
• No pet deposits for service animals or ESAs
• No pet fees of any kind
• No breed or size restrictions
• No "no-pets" policy applies

I had a Pasadena landlord learn this the hard way. He had a strict no-large-dogs policy due to insurance requirements. When a tenant requested accommodation for an 80-pound service dog he initially denied it citing his policy.

After a Fair Housing complaint, settlement and legal fees, the total cost exceeded $12,000. His insurance company, when consulted after, confirmed they would have accommodated the service animal without additional premium.

The AB 468 Documentation Requirements

California enacted Assembly Bill 468 in 2021 which added requirements for ESA documentation to combat fraud.

The key provision: Individuals must establish a 30-day patient-provider relationship with their healthcare professional before obtaining an ESA letter in California.

This means online ESA certificates purchased yesterday aren't legitimate in California. The ESA letter should be current and written by a licensed mental health professional who is actively treating the renter.

What You Can Request

When a tenant requests accommodation for an ESA, California landlords can request:

1. Documentation from a licensed healthcare provider stating:
   • The tenant has a disability (without disclosing the specific disability)
   • The animal provides therapeutic benefit related to the disability
   • Evidence of an established patient-provider relationship
2. Verification of the provider's license through California's Department of Consumer Affairs License Verification

What you cannot request:

• Medical records or details about the disability
• Proof of the animal's training (for ESAs)
• Breed or size information before approving the accommodation

When You Can Deny

Landlords can deny a tenant request to live with an emotional support animal if the animal constitutes a direct threat to the health or safety of others or would cause substantial physical damage to the property of others.

However, the burden is on you to prove this threat. The housing provider cannot say that an ESA is a danger based on old, unreliable evidence, mere speculation, or fear about the types of harm or damage an animal may cause.

Example of legitimate denial: A tenant's ESA dog has documented bite history and attacked another resident. After investigation and attempts at accommodation (muzzling requirements, restricted access times), the threat remains.

Example of invalid denial: "Pit bulls are aggressive" or "Large dogs cause damage" without specific evidence related to this particular animal.

The Verification Process That Works

Through Hemlane, we built a California-compliant ESA verification workflow based on guidance from the California Civil Rights Department. Here's the process:

1. Tenant submits accommodation request with ESA letter
2. System checks letter for required elements:
   • Licensed California provider (or licensed in tenant's state of treatment)
   • Statement of disability-related need
   • Evidence of a therapeutic relationship
   • Date (must be current and not expired)
3. Verify provider license through the California DCA database
4. If concerns exist, request clarification (not additional medical information)
5. Approve or deny within the reasonable timeframe (typically 7-10 days)
6. Document everything for Fair Housing compliance

I've reviewed hundreds of ESA requests through this system. About 85% are legitimate and properly documented. Another 10% have technical issues (expired letters, out-of-state providers without California license) that get resolved through clarification. The remaining 5% are clearly fraudulent—online certificates with no therapeutic relationship.

Building a Pet Policy That Works in California's Market

After the AB 2216 debate, one thing became clear - California is moving toward pet-friendly housing whether landlords like it or not. The question is whether you adapt proactively or get forced into it later.

The Economics of Pet-Friendly Rentals

Through our California portfolio, I tracked pet-friendly versus no-pet properties over three years:

Pet-Friendly Properties (420 units):

• Average time to rent: 19 days
• Average monthly rent: $2,650
• Tenant turnover rate: 28% annually
• Move-out damage exceeding deposits: 16% of cases

No-Pet Properties (260 units):

• Average time to rent: 34 days
• Average monthly rent: $2,625
• Tenant turnover rate: 45% annually
• Move-out damage exceeding deposits: 9% of cases

The math: Pet-friendly units fill 15 days faster saving $1,325 in saved vacancy for a $2,650 rental. and retain tenants longer (reducing turnover costs of $3,000-5,000 per cycle). Yes, damage rates are higher but the overall economics favour pet-friendly policies when structured correctly.

Crafting a California-Compliant Pet Policy

Your lease should include specific, detailed pet provisions. Generic "pets allowed" language creates problems. Here's what works:

Allowed Pets Section: Tenant may keep the following pets with prior written approval:

• Dogs: Maximum two dogs. No individual dog may exceed 50 pounds at adult weight. Restricted breeds: [list if any, with business justification]
• Cats: Maximum two cats. Must be spayed/neutered by 12 months of age.
• Caged small animals: One aquarium up to 20 gallons or one caged pet (hamster or rabbit etc.)
• Prohibited: Reptiles, exotic animals, livestock, any animal classified as dangerous under California law"

Financial Terms: "Pet rent: $50 per month for first pet and $35 per month for second pet. Security deposit includes coverage for pet damage and cannot exceed one month's rent total per California Civil Code 1950.5."

Breed Restrictions Disclaimer: "Breed restrictions do not apply to service animals or emotional support animals as defined by Fair Housing laws. Reasonable accommodations will be provided for qualified assistance animals."

This last part is critical. I've seen landlords sued for not including service animal exemptions in their breed restriction clauses.

The Documentation You Need

For every approved pet, collect:

1. Pet profile with photos (current photos, updated annually)
2. Vaccination records (rabies at minimum, updated annually)
3. Veterinarian contact information
4. Spay/neuter certificate (if policy requires)
5. Signed pet addendum acknowledging all terms

This documentation has saved California landlords in disputes. A Sacramento landlord used move-in pet photos to prove a tenant's "one small dog" claim when they actually had two large dogs plus a cat. Clear violation, eviction upheld.

Regular Inspection Requirements

For tenancies beginning on or after July 1, 2025, landlords must take photographs of the unit immediately before or at the inception of the tenancy. This applies to all California rentals but it crucial for pet units.

I recommend:

• Move-in photos: Comprehensive documentation of floors, doors, walls and fixtures
• Quarterly inspections for pet units (vs. annual for non-pet)
• Move-out photos: Before any repairs, and after repairs with receipts

California Civil Code 1950.5 has strict requirements for security deposit deductions. Since a security deposit is money held to reimburse a landlord at the end of a tenancy, disputes relating to repair and restoration costs may occur. In 2024, California's Security Deposit law includes an express provision limiting repair works to a reasonable amount necessary to restore the premises back to the condition it was in at the inception of the tenancy.

Without move-in photos proving pristine floors you cannot deduct for scratched floors that may have pre-existed the tenancy.

The Rent Control Complication

Many California cities have rent control ordinances that affect pet rent. In San Francisco, Los Angeles, Oakland, Berkeley, and other rent-controlled jurisdictions, pet rent increases may be limited or prohibited mid-lease.

San Francisco requires landlords to pay interest on security deposits annually with rates set by the Rent Board. The rate for March 1, 2025 through February 28, 2026 is 5.0%.

Always check local rent control ordinances before implementing pet rent increases or changing pet policies mid-lease.

Real California Situations From Our Platform

The Oakland ESA Documentation Challenge

An Oakland landlord received an ESA request for a cat. The letter came from an online service, dated three days after the tenant's "consultation" with a therapist in Florida.

Under AB 468's 30-day relationship requirement, this didn't meet California standards. The landlord requested clarification about the established therapeutic relationship. The tenant couldn't provide evidence beyond the initial consultation.

We consulted an attorney, who advised requesting updated documentation from a provider with an established relationship. The tenant never provided it and eventually moved out voluntarily. Had the landlord denied outright without requesting clarification, it could have been a Fair Housing violation.

The San Jose Pet Rent Dispute

A San Jose landlord charged $75/month pet rent for a tenant's two dogs. Eighteen months into the lease, the tenant got an ESA letter for one dog (legitimate, verified, met all AB 468 requirements).

The question: can you continue charging pet rent for the non-ESA dog?

Answer: Yes. The ESA protection applies only to that specific animal. The landlord adjusted to $0 for the ESA, $75/month for the remaining pet dog. The tenant accepted this arrangement.

The Los Angeles Service Animal Insurance Issue

An LA landlord's insurance policy explicitly excluded "aggressive breeds" including German Shepherds. A tenant had a German Shepherd service animal for PTSD.

The landlord immediately contacted his insurance broker before responding. The insurer confirmed service animals are handled separately from breed restrictions and wouldn't affect his policy or premium.

Accommodation approved, tenant moved in, zero issues over two years. Had he denied without checking with insurance first, it would've been an expensive Fair Housing violation.

The Sacramento Undisclosed Pets Problem

A Sacramento property manager discovered during a routine inspection that a tenant had three cats despite approval for one. The lease clearly stated "maximum two cats."

The tenant claimed all three were ESAs and provided three letters—all from the same online service, all dated within days of the inspection.

After verification, none met AB 468's requirements (no established therapeutic relationship, provider not licensed in California). The landlord issued a 7-day notice to cure: remove unauthorized pets or provide legitimate documentation.

The tenant removed two cats. Lease continued without eviction. Documentation matters—the landlord had photos from move-in showing one approved cat, and inspection photos showing three.

Preparing for California's Pet-Friendly Future

Whether AB 2216 passes in modified form in 2025 or similar legislation emerges later, California is trending toward mandated pet acceptance. Here's how to prepare:

1. Audit Your Current Pet Policy

Review your lease for:

• Compliance with AB 12's one-month security deposit cap (effective July 2024)
• Service animal accommodation language
• Breed restrictions (and business justifications)
• Pet rent and fee structures
• Documentation requirements

Many California leases we've reviewed in 2024 were still using pre-AB 12 deposit language. That's legally problematic for new leases.

2. Optimize Your Pet Financial Structure

Given the one-month deposit cap, shift to:

• Maximum security deposit allowed (one month, or two months if you qualify for small landlord exception)
• Monthly pet rent ($40-75/month depending on market)
• Consider whether non-refundable pet fees make sense (after consulting attorney)

This structure maximizes your protection while staying compliant.

3. Build Relationships With Pet-Friendly Services

California tenants increasingly expect pet amenities. Consider partnering with:

• Pet waste removal services (for multi-family properties)
• Pet insurance providers (requiring tenant coverage reduces your risk)
• Local veterinarians (for emergency contact/verification)
• Pet training services (requiring proof of training for certain breeds)

These aren't just amenities—they're risk management tools.

4. Update Your Screening Process

Through Hemlane, we've refined California pet screening to include:

• Pet application with photos and vet references
• Verification of vaccination records
• Optional pet interview (assess temperament)
• Review of previous landlord references specifically about the pet
• Background check on any bite/aggression history

This screening helps identify potential problems before they move in.

5. Understand Your Insurance Coverage

Call your insurance agent and ask specifically:

• "How does my policy handle tenants with service animals?"
• "What documentation do you need if I accommodate a breed normally restricted?"
• "Does pet rent affect my premium?"
• "What's my liability if a tenant's pet injures someone?"

Don't assume—get specific answers documented in writing.

The Resources California Landlords Need

Legal References:

• California Civil Code 1950.5 - Security Deposit Law
• California Fair Employment and Housing Act - Service Animal Protections
• AB 468 Full Text - ESA Documentation Requirements
• AB 2216 Legislative History - Proposed Pet Housing Bill

Government Resources:

• California Department of Consumer Affairs License Verification - Verify healthcare provider licenses
• HUD Fair Housing Resources - Federal guidance on service animals
• California Civil Rights Department - State Fair Housing enforcement

Local Rent Control Boards (for pet rent limitations):

• San Francisco Rent Board
• Los Angeles Housing Department
• Oakland Rent Adjustment Program
• Berkeley Rent Stabilization Board

Frequently Asked Questions

Is AB 2216 now law in California?

No. As of December 2024, AB 2216 has not become law. The bill passed the Assembly but faced strong opposition and multiple amendments. While discussions continue, California landlords currently retain full discretion over pet policies (subject to security deposit limits and service animal protections).

Can I still charge pet rent in California after AB 12?

Yes. AB 12 (effective July 1, 2024) limits security deposits to one month's rent but does not prohibit pet rent. You can charge monthly pet rent in addition to regular rent, subject to any local rent control ordinances.

What's the maximum pet deposit in California as of 2024?

Pet deposits count toward your total security deposit, which cannot exceed one month's rent for most landlords (two months' rent if you qualify for the small landlord exception). You cannot charge a separate pet deposit beyond these limits.

Do I have to accept emotional support animals in California?

Yes, if the tenant provides legitimate documentation meeting AB 468 requirements: a letter from a licensed healthcare provider with whom they have an established therapeutic relationship (minimum 30 days), stating the animal provides support for a disability. You cannot charge pet fees, deposits, or rent for ESAs.

Can I restrict pit bulls or other breeds in California?

Yes, for regular pets—provided you have a legitimate business justification (typically insurance requirements). However, breed restrictions do not apply to service animals or ESAs. You must provide reasonable accommodation regardless of breed for qualified assistance animals.

What happens if a tenant gets an ESA after signing a no-pet lease?

You must evaluate the ESA request under Fair Housing laws, even mid-lease. If documentation is legitimate, you cannot charge pet-related fees and must accommodate the animal. This applies even if the lease has a no-pet clause, as federal and state Fair Housing laws override lease terms.

How do I handle multiple ESA requests?

When a tenant requests accommodation for more than one ESA, housing providers should follow standard verification guidance. If the need for multiple ESAs is not apparent, the provider may request documentation. Each animal must provide distinct therapeutic benefits documented separately.

Can I require pet insurance in California?

Yes. Requiring tenants to carry renters insurance with pet liability coverage is legal and recommended. This protects both parties if the pet causes injury or damage. Typical coverage requirements are $100,000-$300,000 in liability coverage.

Moving Forward in California's Evolving Market

The AB 2216 debate revealed something important: California's rental housing market is fundamentally changing its relationship with pets. Whether through legislation or market pressure, pet-friendly housing is becoming the expected standard rather than the exception.

Through Hemlane, we've helped California landlords navigate this shift by:

• Implementing AB 12-compliant security deposit structures
• Creating AB 468-compliant ESA verification workflows
• Building inspection systems with California's new photo requirements (effective July 2025)
• Structuring pet rent to maximize revenue within legal limits
• Automating Fair Housing compliance in tenant communications

But whether you use our platform or manage independently, the core principles remain:

1. Accept that pet-friendly is California's future—adapt now rather than later
2. Structure finances to work within one-month deposit cap—shift to monthly pet rent
3. Master service animal laws—violations are expensive and unforgiving
4. Document relentlessly—photos, dates, records, everything
5. Stay informed on local and state changes—California housing law evolves constantly

I started this article talking about the AB 2216 battle. While the bill didn't pass, the underlying pressure it represented isn't going away. California has 12 million pet-owning renters and 67,881 pets surrendered to shelters annually due to housing restrictions.

Those numbers will drive policy change, whether in 2025 or 2026 or beyond. The landlords who thrive will be those who saw it coming and built policies that work for both property protection and market realities.

About the Author: Jennifer Park has managed California rental properties since 2016, currently serving as California Operations Director at Hemlane where she oversees 680 units across the state. She attended multiple AB 2216 legislative hearings and worked with the California Apartment Association on policy responses. She's not an attorney, and this article doesn't constitute legal advice. For specific questions about California landlord-tenant law, consult with a licensed California real estate attorney.

About Hemlane: We're a property management platform built for landlords who want to stay in control while automating compliance and operations. Our California-specific tools include AB 12-compliant deposit tracking, AB 468 ESA verification workflows, and inspection systems meeting Civil Code 1950.5 photo requirements. Try Hemlane free for 14 days to see how we help California landlords navigate complex pet policies while maximizing occupancy.