California Pet Laws for Landlords: Rights and Responsibilities
Being a California landlord comes with many responsibilities. Along with those responsibilities comes the balancing act of making sure your investment property is well maintained and cared for by your tenants.
While it can be tempting to enforce strict pet policies for your rental unit, you could be doing yourself a disservice in the long run. Pet owners can often be responsible and long-term tenants.
That said, it’s important to understand the state of California’s pet laws as a landlord when it comes to allowing pets, charging security deposits, and including additional cleaning or rental fees in your lease.
Should You Allow Pets in Your Rental Property?
Whether or not to allow pets in your rental property is up to you—unless a tenant has a service animal or emotional support animal (ESA), which are protected by fair housing laws. If you’re on the fence, there are some compelling benefits to consider when it comes to allowing cats, dogs, or other pets.
Benefits of Allowing Pets in Your Rental Property
- A Wider Prospective Tenant Pool
Rental properties that allow pets open up your rental to a broader range of tenants. A significant portion of pet owners in the U.S. are Millennials and Gen X, so having a “no pets” policy may limit your applicant pool considerably.
- Increased Longevity of Your Tenant’s Stay
Pet owners tend to seek stability. They’re often looking for long-term housing, meaning they may stay longer and reduce the cost and hassle of frequent tenant turnover and vacancy periods.
- Attracting Responsible Tenants
Caring for a pet requires time, money, and accountability—traits that can often translate to being a responsible tenant. Considering pet ownership along with credit checks, references, and background screening can help identify tenants who are more likely to care for your property.
What You Need to Know About California Pet Rental Laws
You’re allowed to set your own pet policy as a landlord, but there are some pet laws in California you must follow.
Landlord Rights for Enforcing Pet Policies
As a landlord in California, you can choose to:
- Prohibit pets altogether (excluding service animals and ESAs)
- Restrict pets by type, breed, size, or number
- Require vaccination records or local pet licenses
- Ask prospective tenants to provide basic information about their pets, including breed, weight, and behavior history
Landlord Rights for Enforcing Pet Fees
Landlords are allowed to include a pet fee—but only within California’s legal limits.
You may:
- Charge a pet deposit to cover potential damage
- Add pet rent (a monthly fee) if your property is not under rent control
However:
- Under California law, the total security deposit—including any pet-related deposit—cannot exceed two months’ rent for unfurnished properties (Civil Code §1950.5)
- Pet rent must comply with any local rent control limits if applicable
- All deposits must be refundable, minus the cost of legitimate, documented damage repairs
What to Do If Your Tenant Breaks Your Rental Pet Policy
If your tenant brings in an unauthorized pet, it may be considered a breach of the lease agreement, depending on the language of your lease. In this case, you may issue a three-day notice to cure or quit (i.e., remove the pet or vacate the property).
If the tenant fails to comply, you can proceed with legal eviction proceedings, following California’s notice requirements and eviction laws.
How to Screen Pets When Renting to Tenants
Screening pets is just as important as screening tenants. A simple pet application can help you assess the risk and ensure the animal is a good fit for your property.
Look for:
- Type, breed, size, and age of the pet
- Proof of spay/neuter and vaccinations
- History of behavior issues or property damage
- Details on training and housebreaking
- Emergency contact for pet care
- Photos of the pet (optional but helpful)
Always document your pet policy in the lease to avoid confusion and protect your property.
Frequently Asked Questions
Is it illegal for landlords to say no pets in California?
No, landlords in California can legally prohibit pets in their rental properties. However, this does not apply to service animals or emotional support animals, which are protected under fair housing laws.
Can landlords say no to emotional support animals in California?
No, landlords cannot deny a tenant’s verified emotional support animal, even if the property has a no-pet policy. ESAs are protected under California’s Fair Employment and Housing Act (FEHA) and the federal Fair Housing Act.
Can a landlord change their mind about pets?
Yes, a landlord can update their pet policy for future leases or renewals, but they cannot retroactively change the terms of an existing lease. Any changes must be communicated properly and comply with applicable rental laws.
Handle Pets Efficiently with a Property Management Company
At Genuine Property Management, we include thorough pet screening as part of our comprehensive services—helping you assess risk and ensure only responsible pet owners are approved. From verifying pet details and vaccination records to enforcing lease terms, we make sure your property stays protected.
Our Orange County property management team handles much more than just pets. We take care of marketing, tenant screening, lease enforcement, maintenance coordination, and compliance with California housing laws. It’s all designed to protect your investment, reduce turnover, and maximize your return on investment.
To learn more about how we help you manage pets—and every other part of your rental—contact the experts at Genuine Property Management.
References:
California Legislative Information. CHAPTER 2. Hiring of Real Property.
Department of Rehabilitation. The Fair Employment and Housing Act.
