If a tenant keeps a pet the lease does not allow, you can ask them to fix the problem. First, check whether they need the animal because of a disability. California protects both service animals and emotional support animals (ESAs). Review any request for an exception to the pet rules before taking action. If an ordinary pet breaks the lease, use the required written notice. You cannot remove the tenant or animal yourself.
Updated October 8, 2026.
What changed for assistance animals in 2026
Read the state’s current guidance before relying on a federal headline. On May 22, 2026, HUD issued a memo about complaints involving animals in housing. Its fair housing office will recommend charges only in cases involving animals trained to help with a disability. The memo also confirms that HUD withdrew its earlier 2013 and 2020 animal guidance.
California’s Civil Rights Department (CRD) addressed that change in its August 2026 emotional support animal FAQ. It says the state’s housing protections remain in effect. Owners still must make reasonable changes to their rules for a person with a disability who needs an ESA. The animal does not need task training.
For a California rental, the federal enforcement change is not permission to reject every untrained support animal. Review the request under California’s Fair Employment and Housing Act and its housing regulations. Get legal advice before denying a request where state and federal standards differ.
What belongs in a California pet policy
For ordinary pets, California generally lets owners ban pets or set rules about their type, size and number. The CRD’s FAQ confirms that starting point and explains the disability exception. It also notes that some publicly funded housing has separate pet protections. Check the property’s program rules before using a no-pet clause.
Your lease should make the approval process clear. Name the animals you allow, any limits, and the steps for adding a pet after move-in. Put permitted charges in writing. Explain waste disposal, noise and control in shared areas. Keep a separate process for assistance-animal requests.
If you’re deciding whether to allow ordinary pets, our guide to pet-friendly rentals covers the trade-offs. Apply your policy in the same way to all tenants. Use a written pet addendum to name the approved animal and the agreed terms. A spoken agreement can leave both sides unsure about what they allowed.
You cannot require declawing or removal of vocal cords as a condition of keeping an animal. Civil Code section 1942.7 bans those demands and related ads that discourage tenants. The California Senate Judiciary Committee’s April 2026 analysis describes that existing rule. Use lawful rules about behavior and upkeep to prevent damage.
Pet deposits and monthly pet rent are different
A pet deposit counts toward the total security deposit under Civil Code section 1950.5. You cannot collect the maximum general deposit and then add a pet deposit on top. California’s Department of Real Estate explains this in its 2026 landlord-tenant guide.
| Situation | Deposit limit | What to check |
|---|---|---|
| Most new residential deposits since July 1, 2024 | One month’s rent in total | Combine the general deposit and any pet, key or cleaning deposits. |
| Qualifying small landlord | Up to two months’ rent in total | The ownership structure and the total properties and rental units must qualify. |
| Service member renting from a small landlord | One month’s rent | The small-landlord exception does not allow the higher deposit. |
| Emotional support animal | No extra animal deposit | Process the accommodation request; do not charge a pet deposit or pet rent. |
The small-landlord exception has two tests. The owner must be a natural person, or an LLC whose members are all natural persons. The owner must also own no more than two rental properties with no more than four rental units in total. Counting the properties alone is not enough. Have a lawyer check trust ownership or other arrangements before relying on this rule.
For an illustration, suppose the rent is $2,400 and the ordinary one-month cap applies. If you already hold a $2,400 security deposit, you cannot require another $300 refundable pet deposit. Calling it an animal fee does not make money held as security fall outside the cap.
Monthly pet rent is a regular charge. A deposit is money you hold for possible damage or other lawful deductions. Check the lease and the state or local rent rules before adding pet rent. Take particular care if the tenant asks for a pet during the lease. Keep charges separate in the rent ledger.
How to review an emotional support animal request
An ESA is not the same as a trained service animal. The CRD defines it as an animal that helps a person manage symptoms of a disability through emotional, cognitive or similar support. It can qualify for California housing protection without task training.
If the disability or need for the animal is not clear, you may ask for reliable information to support the request. Ask for enough to show the need, not the person’s full medical history. The CRD says evidence can come from a health care provider or another reliable person who knows about the disability or need. A doctor’s letter is not the only possible evidence.
There is no legal requirement to register or certify an ESA. A purchased ID card or vest does not, by itself, show the need. Care provided online is not grounds to reject a letter. The CRD distinguishes a bare certificate from a licensed health care professional’s assessment of the individual. If the first document is not enough, give the person a chance to provide reliable information.
You cannot charge pet rent, a pet deposit or animal-specific liability insurance for an ESA. Ordinary pet breed, size and weight limits do not apply. A tenant can still be responsible for damage the animal causes beyond normal wear.
Review the facts before denying a request. The CRD lists limited grounds, including an undue financial and administrative burden or a fundamental change to the owner’s business. A direct threat or risk of substantial damage can also matter. Use credible, objective evidence about that animal, not a guess about its breed. Check whether a reasonable change to the rules could reduce the risk enough to allow it.
What to do when you discover an unauthorized pet
Start with the lease and the facts. Confirm which clause applies and whether the animal belongs to the tenant. A neighbor’s report may justify a conversation; it does not establish every detail. Keep dated records of what you observed, any complaint and the tenant’s response. Any entry into the home must follow California’s entry rules.
Ask whether the tenant needs a change to the rules because of a disability. That is a reasonable accommodation request, which calls for a prompt review. Do not treat an animal as an ordinary pet just because it arrived before the paperwork.
For an ordinary pet that breaches the lease, consider whether written approval can resolve the issue. If the animal fits your policy, a signed addendum may be practical. Any charges still need to pass the deposit and rent checks above.
If you intend to enforce the restriction instead, California Courts describes a 3-day Notice to Perform Covenants or Quit for a lease problem the tenant can fix. Its example is a pet in a no-pet rental. The notice must describe the violation and give the tenant three days to correct it or move out. The count excludes Saturdays, Sundays and court holidays.
The three days do not let you skip the rest of the process. Some cities require an earlier warning. For leases covered by the Tenant Protection Act, the Courts guide explains the separate notice that may follow if the tenant does not fix the problem. Have a California attorney check the property’s just-cause rules, notice wording, service and deadlines. Our California landlord and court forms page links to official resources.
If the dispute continues, follow the court process. The DRE’s landlord-tenant guide warns against changing locks, shutting off utilities or removing a tenant’s belongings to force a move. A disputed pet does not justify those actions. Owners can discuss management of lease violations and legal issues with the team responsible for the property.
Record actual damage, not an automatic pet penalty
Keep move-in condition records so you can distinguish old scratches from new damage. At move-out, compare the condition with those records and document necessary work. A pet’s presence does not, by itself, justify keeping the whole deposit.
The DRE’s 2026 guide explains the photos needed for deposit deductions. For leases that begin on or after July 1, 2025, landlords must take photos before or at move-in. When a tenant leaves, deductions for cleaning or repairs also require photos before and after the work. Keep these with the invoices and itemized statement. The photos show condition; the ledger records money received.
For qualifying damage or cleaning deductions, follow the California security deposit rules. The ordinary accounting deadline is 21 calendar days after move-out. Beginning January 1, 2026, the DRE guide says digital rent or deposit payments generally trigger a digital deposit refund unless the parties agree otherwise in writing.
If you need help applying a pet policy to a Los Angeles rental, contact our Los Angeles property management office. Bring the lease, the tenant’s correspondence and the animal approval record so the team can understand the issue.
Frequently asked questions
Can a landlord make you get rid of your dog in California?
A landlord may enforce lawful pet rules through the required notice and court process. If you need the dog because of a disability, ask for a reasonable accommodation. That means a change to the pet rules so you can use and enjoy your home. California protects qualifying emotional support animals and service animals. The owner must review that issue before treating the dog as an unauthorized pet.
How much can a landlord charge for a pet deposit in California?
A pet deposit is part of the total security deposit. Most new residential deposits are limited to one month’s rent. A qualifying small landlord may collect up to two months, but that exception does not apply to service members. An emotional support animal cannot be subject to an extra pet deposit.
Did the 2026 HUD memo end emotional support animal rights in California?
No. California’s Civil Rights Department says the state’s protections remain in effect despite HUD’s May 22, 2026 guidance. Owners still must make reasonable changes to pet rules for people with disabilities who need an ESA. The animal does not need task training.
Sources
Checked October 8, 2026. Statewide rules apply to California rentals; local ordinances and housing-program requirements may add protections.
- California Civil Rights Department: Emotional Support Animals and Fair Housing Law, August 2026 — ordinary pet policies, ESA documentation, charges, individual risk assessment and continued California protections after HUD’s memo.
- HUD: Animal accommodation enforcement guidance, May 22, 2026 — FHEO enforcement priority for trained assistance animals and withdrawal of prior guidance.
- California Department of Real Estate: Landlord-Tenant Guide, 2026 edition — deposit limits and small-owner test, service-member exception, entry, deposit photographs, digital refunds and prohibition on self-help eviction.
- California Senate Judiciary Committee: SB 1296 analysis, April 2026 — existing Civil Code section 1942.7 restrictions on requiring declawing or devocalizing; proposed provisions are not treated here as current law.
- California Courts: Types of eviction notices — curable no-pet lease violations, three-day count, local warnings and Tenant Protection Act notice sequence.
This is general information, not legal advice. Consult a California attorney about a specific accommodation request, lease violation, deposit deduction or eviction notice.
