RENTING WITH A PET – WHAT LANDLORD RESTRICTIONS ARE LEGAL?

You love your faithful furry friend, but chances are your landlord might not share your enthusiasm. Renting generally brings a certain level of stress by way of rental applications, references, and security deposits. The stress is arguably double for renters who are pet owners. While many pet owners say their pet provides companionship, unconditional love and is considered a member of the family, residential rental laws sometimes fall short of accommodating furry family members. (Am. Veterinary Med. Assn. (AVMA), U.S. Pet Ownership & Demographics Sourcebook 12, 16 (2002).) For pet owners who are searching for a pet friendly rental, the undertaking can be exceptionally trying, and the laws can be a bit confusing. State and federal laws dictate what landlords can and cannot do when renting to pet owners and exceptions that may apply for people with unique needs. This article will touch upon some of those laws.

The Landlord’s Way or the Highway – What Restrictions Are Legal?

As a general rule, in California, a residential landlord can have a “no pets” policy, or impose conditions and restrictions on the type, size, or number of animals allowed to be kept on the premises. There is no law requiring the allowance of at least one pet in a rental property. This is not the case for owners of a separate interest within a common interest development (i.e.: pet owner owns a condo in a condominium complex that has Covenants, Conditions & Restrictions (CC&Rs).) California Civil Code section 4715 states that effective January 1, 2001, common interest development governing documents cannot prohibit the owner of a separate interest from keeping at least one pet within the development, subject to the association’s reasonable rules and regulations. The code defines “pet” as any “domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the association and the homeowner.” (Civ. Code § 4715(b).) If the association passes a new rule restricting the number of allowed pets, the owner of the separate interest has a right to continue keeping any pets currently kept in his or her separate property provided that the pet otherwise conforms with the prior rules. (Civ. Code § 4715(c).) This exception only applies to owners of a separate interest and not to renters.

Can a Landlord Require Pets to be Declawed or Devocalized?

Your landlord cannot make declawing your cat or debarking your dog a term of the rental agreement. California Civil Code section 1942.7 makes it illegal for landlords to require that tenants have their pets declawed or devocalized (debarked) as a rental criteria for pets.

Can a Landlord Require a Pet Security Deposit?

A landlord can require a security deposit in case your pet causes damage to the rental property. If there is damage, the landlord can use this money to make repairs. However, under California law, a landlord may not require more than two months’ rent in the form of a security deposit, regardless of whether it is called a “security deposit” or a “pet deposit.” If the rental is furnished, the security deposit can be increased to three months’ rent. (Civ. Code § 1950.5.) The security deposit may be different for veterans. Security deposits must be refundable. Unless the security deposit is characterized as “last month’s rent” in the rental agreement, once a person’s tenancy ends, within 21 days after the tenant leaves, the security deposit minus deductions must be returned with a written accounting of any deductions, accompanied by receipts for any money charged and an accounting for hours and pay rates spent. The landlord can only keep the amount of the security or pet deposit that is reasonably necessary for purposes outlined within the law.  If the landlord fails to return the security deposit, the tenant can file a claim.   If the landlord keeps the money in bad faith, a tenant can sue for up to 3 times the amount of the deposit.  If the amount $10,000 or less, the tenant can file in small claims court. If the amount owed is greater, the claim must be filed in the superior court of the county where the rental unit is located.  If the landlord misses the 21-day deadline to return the deposit, the landlord forfeits the right to deduct anything from the security deposit. 

Is Pet Rent Legal?

Yes, “pet rent” is legal in California. What this means is that the landlord may specify a higher rent amount for tenants who own pets. This is legal if the total rent amount is agreed to by both the tenant and the landlord. But if the landlord advertises the rental space as “pet friendly” and additionally advertises an associated rental price, the landlord may be liable for false advertising if the pet owner is charged a higher amount than what was advertised. The rent charged cannot exceed the limits imposed by California rent control laws.

Does a “No Pets” Policy Apply to Service Animals?

No. State and federal fair housing laws require that housing providers make reasonable accommodations for tenants and housing applicants who have disabilities. This means that under the law, service animals must be allowed in housing as a reasonable accommodation for a tenant’s disability. Under the ADA, a service animal is a dog or miniature horse that has been individually trained to perform tasks for an individual with a disability.  Landlords cannot charge “pet rent,” “pet security deposit” or extra fees if a renter requires a service animal. This protection is outlined in the federal Fair Housing Act (FHA) and is supported by California’s Fair Employment and Housing Act.

These protections can sometimes include emotional support animals. An emotional support animal (ESA) is defined as a dog or other animal that provides emotional support and safety to their owner, thereby supporting an owner who has a mental health condition such as anxiety or depression. Unlike service animals, ESA animals are not trained to perform a specific task to assist with the owner’s disability. Rather, the animal’s presence is what benefits and supports the owner. There are requirements to have an animal designated as an emotional support animal or service animal and the requirements should be researched to ensure compliance.

Summary

Your pet is probably the best roommate you have ever had and although finding pet friendly rentals might take some extra work, your pet will thank you.

Traci Mason Baldwin is an attorney with Porter Simon licensed in California, with offices in Truckee and Tahoe City, California, and Reno, Nevada. Traci is a devoted board member of the Truckee-Tahoe Humane Society and has four rescue dogs of her own. Traci’s practice areas include real estate, construction, business and contracts.  She may be reached at baldwin@portersimon.com or www.portersimon.com. ©2022