Can a California landlord charge a pet deposit on top of the security deposit?
Quick answer
Only inside the overall cap. Civil Code 1950.5 counts any deposit or charge collected at the start of a tenancy as "security, however denominated", so a pet deposit is added to the regular deposit and the total may not exceed one month's rent. A small landlord who meets 1950.5(c)(5) may take up to two months. No security may be labelled nonrefundable.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Definition | "Security" means any payment, fee, deposit or charge imposed at the start of the tenancy, used or to be used for any purpose, including damage and cleaning (1950.5(b)) | Statute text (california.public.law copy) |
| Cap | Security, however denominated, may not exceed one month's rent, on top of the first month's rent (1950.5(c)(1)) | Statute text (california.public.law copy) |
| Small landlord | Up to two months' rent if the landlord is a natural person (or an LLC of natural persons) owning no more than two residential rental properties with no more than four units for rent; not for service members (1950.5(c)(5)) | Statute text (california.public.law copy) |
| Nonrefundable | A lease may not call any security "nonrefundable" (1950.5(n)) | Statute text (california.public.law copy) |
| Return | No later than 21 calendar days after the tenant moves out, with an itemized statement for deductions (1950.5(h)) | Statute text (california.public.law copy) |
| Penalty | Bad-faith retention can bring statutory damages of up to twice the security, plus actual damages (1950.5(m)) | Statute text (california.public.law copy) |
| Last verified | October 23, 2026 | Astor Ventures |
Does a pet deposit have to be refundable?
Yes, if it is security. Section 1950.5(n) says a lease may not characterize any security as nonrefundable. The landlord may only deduct for things the statute allows, such as damage beyond ordinary wear and tear, and must return the rest within 21 days of move-out.
What about monthly pet rent?
Section 1950.5 covers payments collected at the start of the tenancy or as advance rent. It does not address a recurring monthly pet charge. Local rent control rules may also apply, so check your city before adding one.
What changes with SB 1296?
SB 1296 deals with written pet policies and telling applicants about them, starting April 1, 2027. The deposit cap above comes from Civil Code 1950.5, which already applies today. Our SB 1296 guides cover the pet policy rules.
Want it done in an afternoon? The California SB 1296 pet policy kit turns these rules into fill-in templates, a checklist and a tracker, with the official sources quoted. One-time payment, instant download.
What else do people ask?
Is a deposit for a service or support animal allowed?
Fair housing rules treat assistance animals differently from pets. This page covers pets only; check fair housing guidance before charging anything for an assistance animal.
Can I take two months if I own three rentals?
Not under 1950.5(c)(5) if the properties are more than two or the units for rent are more than four. Then the cap is one month.
Where is the law?
California Civil Code section 1950.5.
Is this legal advice?
No. General information only.