Landlord Question and Answer Forum

Can I charge an after the fact pet deposit, my tenants moved in with 3 cats, they have since moved out, broken the lease, what can I retain out of the security deposit for having the cats there without permission and a non refundable deposit ???

does anyone know if i can charge a seperate deposit for a tennant wanting to bring home an animal. The tenant has been in the house for 9 months and now is wanting a dog (siberian Husky). Can I charge a seperate pet deposit? And what's my limit

Posted by Anthony D, CA on Tuesday, October 7, 2008

Pet Security Deposits are subject to the overall limitations on Security Deposits. The total of all collected Security Deposits including a Pet deposit cannot exceed the maximum permissible by law which for California is an amount equal to 2 months rent for an unfurnished unit.

Posted by Donna , NC on Wednesday, October 8, 2008

So my rent amount is $1900 and they have to pets. I ask for one months rent of $1900 can I charge additional pet deposit on top of that? Lets say additional $300 on top of the $1900. Please let me know.

Posted by Annette M, CA on Tuesday, April 2, 2013

NO matter what you call it, whether a key, cleaning, waterbed or pet "deposit" - the total of these may not be more than an amount equaling one month's rent. What's more is that anything deemed as "security for performance" which means money put aside ensuring that the tenant does not break a term in the lease, damage the apartment and so forth is considered a security deposit. This includes accepting the last month's rent in advance. Furthermore, be careful with non-refundables, as they may also be considered by a judge to be "security for performance". Hope this helps.

Posted by Janet M, PA on Tuesday, April 2, 2013

One other thing...a workaround to this may be to charge a higher rent per month if a tenant has a pet. But leave this wording out of your lease. Therefore, if a tenant has 2 pets, I would sometimes charge an extra $50 per month depending upon the rental unit.

Posted by Janet M, PA on Tuesday, April 2, 2013