By LeaseHelper
California's security deposit overhaul under AB 12 means a pet deposit is no longer a separate line item — it eats into the same one-month cap that covers everything else, and charging a non-refundable "pet fee" on top of that is void under Cal. Civ. Code § 1950.5.
This guide covers what California landlords can legally charge for regular pets (deposit, pet rent, or both), why the one-month cap changed the math entirely, how to handle non-refundable fee requests, and what AB 468 requires before you can treat an emotional support animal (ESA) documentation request as potentially invalid.
1. The deposit cap: what AB 12 actually changed for pet owners
For all new leases signed on or after July 1, 2024, the maximum security deposit California landlords can collect — in addition to 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. Before that date, the limit was two months for unfurnished units and three months for furnished ones.
Under California law as of July 1, 2024, most residential landlords can collect a maximum security deposit of one month's rent, regardless of whether the unit is furnished or unfurnished. A landlord cannot collect one month's rent as a security deposit and then collect an additional pet deposit separately — the total of all deposits combined cannot exceed the applicable cap.
California includes a few important exceptions. Small housing providers who own no more than two properties with a combined total of four or fewer units may collect up to two months' rent. Active-duty service members receive additional protections that cap their deposit at one month's rent, even when renting from a small housing provider.
The AB 12 cap only applies to leases signed on or after July 1, 2024. Older leases follow the previous limits until renewed. If you're renewing any pre-July 2024 lease, this is the moment to audit your deposit language.
2. Pet deposits: refundable, capped, and part of the total
California Civil Code Section 1950.5 serves as the cornerstone of pet deposit regulations, establishing that any pet deposit must be treated as part of the overall security deposit and is subject to the same limitations and refund requirements. This means landlords cannot circumvent security deposit caps by calling pet-related charges something different. The law also requires that all deposits be refundable, minus legitimate deductions for damage beyond normal wear and tear caused specifically by the pet.
This applies no matter what the deposit is called. It may be called last month's rent, a move-in fee, a cleaning fee, a pet deposit, a key deposit, etc. — and it is still considered a security deposit. There is no such thing as a "non-refundable" security deposit.
There is no such thing as a nonrefundable security deposit in California. Any clause in a lease that designates any portion of the deposit as nonrefundable is void under Civil Code section 1950.5(m). That means the popular "non-refundable pet fee" clause many older California leases still include is legally unenforceable from the moment the ink dries.
3. Pet rent: the practical workaround (and its limits)
Pet rent is legal in California under California Civil Code Section 1950.5. Landlords can charge a monthly pet rent as long as it's clearly stated in the lease agreement. This fee is separate from a pet deposit, which counts toward the overall security deposit cap.
Because pet deposits now count toward the overall security deposit limit, many landlords are shifting to monthly pet rent instead. This helps offset risk without exceeding California's deposit rules. The practical effect: if rent is $2,500/month and you collect a $2,500 security deposit (the full one-month cap), you have zero room for a separate pet deposit. Pet rent — charged monthly as additional rent — sits outside the deposit cap entirely.
Pet rent is different from a pet deposit — it's recurring rent, not a deposit, so it's naturally non-refundable. One caution: no major city bans pet rent outright, but rent-controlled areas like Los Angeles and San Francisco carefully review fee increases to prevent unlawful rent hikes. If your property is subject to local rent control, adding or raising pet rent mid-tenancy may require a formal rent increase notice and may be limited or disallowed depending on the local ordinance.
4. The comparison table: pet deposit vs. pet fee vs. pet rent
| Charge Type | Counts Toward Deposit Cap? | Refundable? | Legal in California? | Governing Law |
|---|---|---|---|---|
| Pet Deposit | Yes — included in 1-month (or 2-month small landlord) cap | Yes — must be returned minus documented pet damage | ✅ Yes | Cal. Civ. Code § 1950.5 |
| Non-Refundable Pet "Fee" (upfront) | Yes — treated as security regardless of label | Must be refundable — any "nonrefundable" clause is void | ❌ Not as non-refundable | Cal. Civ. Code § 1950.5(m) |
| Monthly Pet Rent | No — it's rent, not a deposit | N/A — non-refundable by nature as rent | ✅ Yes (if in lease) | Cal. Civ. Code § 1950.5; local rent control may apply |
| ESA Deposit or Pet Rent | N/A — cannot be charged at all | N/A | ❌ Prohibited | FHA, Cal. FEHA; Cal. Health & Safety Code § 122318 |
5. ESA rules: what landlords can and cannot do
Service animals and ESAs are legally defined as assistance animals, not pets. Consequently, they are generally exempt from "no-pet" policies and associated pet fees or deposits under the Fair Housing Act and California's Fair Employment and Housing Act. Landlords cannot charge additional rent, pet fees, or deposits for verified service animals or ESAs. However, tenants remain financially responsible for any actual damage caused by their assistance animal beyond normal wear and tear.
Housing providers may not charge someone with an ESA a "pet deposit," "pet rent," or any other fee or rent because of the ESA, even if they charge other tenants such additional fees, deposits, or rent. In addition, a housing provider may not require someone with an ESA to obtain liability insurance covering the animal. However, an individual with an ESA may be required to cover the costs of repairs for damage the animal causes. This language comes directly from the California Civil Rights Department's official FAQ on ESAs and fair housing law.
Restrictions on the breed, size, or weight of ESAs are prohibited, including those imposed by insurance companies. However, on a case-by-case basis, housing providers may deny a request for an ESA that constitutes a direct threat to the health or safety of others or would cause substantial physical damage to the property of others. That denial must be based on the specific animal's documented conduct — not on breed assumptions.
A landlord who receives an ESA letter that obviously fails AB 468 — issued the same day the relationship started, from an out-of-state provider not licensed in California, or from a website rather than an actual practitioner — has grounds to request further information. Document the basis for the question carefully; outright refusal is high-risk even when the documentation looks weak.
6. AB 468: California's anti-letter-mill law and what it means for landlord verification
California AB 468 (Health & Safety Code § 122318), effective January 1, 2022, requires licensed mental health professionals to establish and maintain a minimum 30-day therapeutic relationship with a client before issuing an ESA letter. Misrepresenting an animal as a service animal is a misdemeanor under California Penal Code § 365.7, punishable by up to 6 months in jail and/or a $1,000 fine.
A valid ESA letter under AB 468 must include the provider's license number, license type, jurisdiction of licensure, and the effective date of the letter. When you receive an ESA letter, these are the specific elements to check. A letter missing the license number or issued from a provider in another state is a red flag you can document before responding to the accommodation request.
Businesses or individuals who misrepresent ESA-related products — such as fake certificates, vests, or registrations — face escalating civil penalties: first violation $500, second violation $1,000, third and subsequent violations $2,500. Tenants who obtain a fraudulent letter face exposure under these same provisions, separate from the misdemeanor penalty for misrepresenting an ESA as a service animal.
For your lease, a clean lease distinguishes pets from accommodation animals: the pet policy (allowed or not, fees, deposits if any) should be clearly stated, with a separate clause acknowledging that service animals and ESAs are not pets and are not subject to the pet policy, fees, or deposits. Include a tenant acknowledgment that damage caused by an accommodation animal is recoverable through the security deposit at move-out.
7. AB 2801 and the photo documentation requirement that now applies to every move-out
Pet damage deductions are the single most contested deposit dispute category in California. AB 2801 amended California Civil Code Section 1950.5 — the security deposit statute — to make photo documentation a legal requirement, not just a best practice. It took effect in two phases: April 1, 2025 for move-out and post-repair photos, and July 1, 2025 for move-in photos on new tenancies.
Beginning April 1, 2025, the landlord must take photographs of the unit within a reasonable time after possession is returned, but prior to any repairs or cleanings for which the landlord will make a deduction from the security deposit, and again within a reasonable time after such repairs or cleanings are completed. The landlord must provide these photographs along with the itemized statement, together with a written explanation of the cost of allowable repairs or cleanings. The landlord is prohibited from making a claim against the tenant or the security if the landlord, in bad faith, fails to comply with these requirements.
Landlords must take photographs of any condition or damage for which they withhold money from the tenant's security deposit. These photos must be retained for at least four years and made available to the tenant upon request. For a pet deposit dispute specifically, this means you'll need clear, date-stamped photos of the pet-caused damage before any cleaning crew sets foot in the unit — not after.
About LeaseHelper: LeaseHelper builds AI-powered lease, eviction, and rental document generators for small landlords and property managers, and publishes guides on landlord-tenant law, security deposits, and evictions.
Generate a state-specific lease in 5 minutes
LeaseHelper builds AI-powered lease, eviction, and rental document generators for small landlords and property managers, and publishes guides on landlord-tenant law, security deposits, and evictions.
Get started →Frequently asked questions
Can I charge a separate pet deposit on top of my regular security deposit in California in 2026?
No. Under Cal. Civ. Code § 1950.5, as amended by AB 12 effective July 1, 2024, the total of all deposits — including any pet deposit — cannot exceed one month's rent for most landlords. You cannot collect a full security deposit and then add a separate pet deposit on top of it. The only exception is for small landlords who own no more than two residential properties with a combined total of four or fewer units; those landlords may collect up to two months' rent total, still including the pet deposit. Any amount collected beyond the applicable cap is illegal and refundable.
Is a non-refundable pet fee legal in California?
No. California Civil Code § 1950.5(m) makes any lease clause designating any portion of a security deposit as "nonrefundable" void. California courts and the statute broadly define "security" to include any upfront payment, fee, or charge collected to reimburse the landlord for potential costs — regardless of what the landlord calls it. A "non-refundable pet fee" collected at move-in is treated as a security deposit, must count toward the cap, and must be refundable minus documented pet damage. Monthly pet rent is different: because it's recurring rent rather than a deposit, it is naturally non-refundable, and it doesn't count toward the deposit cap.
A tenant just handed me an ESA letter from an online service. What am I allowed to verify?
You can request confirmation that the letter was issued by a California-licensed mental health professional who had at least a 30-day therapeutic relationship with the tenant before issuing the letter — both requirements under Cal. Health & Safety Code § 122318 (AB 468). A valid AB 468 letter must include the provider's license number, license type, state of licensure, and effective date. You cannot ask for the tenant's specific diagnosis or medical records. If the letter appears to be from an out-of-state provider, was issued without a documented 30-day relationship, or comes from a website that sells letters by the minute, you can request additional documentation — but outright denial is high-risk because a wrong move triggers FEHA exposure, and you should consult a California attorney before refusing.
Can I deduct pet damage from the security deposit when the tenant had an ESA?
Yes. The fee-and-deposit waiver for ESAs under the Fair Housing Act and California's FEHA does not extend to actual property damage. If a tenant's ESA scratches hardwood floors, soils carpet, or damages walls beyond normal wear and tear, you may deduct the documented cost of repairs from the security deposit at move-out, just as you would for any other tenant-caused damage. The key is documentation: under AB 2801 (effective April 1, 2025, amending Cal. Civ. Code § 1950.5), you must photograph the unit before any cleaning or repairs begin, and again after repairs are completed. Deductions must be itemized and provided with photos and receipts within 21 calendar days of move-out. Missing that 21-day deadline forfeits all deduction rights.