Tenants keeping unauthorized pets in rental properties is no rare occurrence, even if your rental allows pets. It is common for renters to attempt to keep an animal that is not allowed in the pet policy, or to avoid pet deposits and fees by not registering their pet with the property management. This issue has become even more common as pet ownership has stayed elevated well beyond pre-pandemic levels. The best way to prepare for unauthorized pets on your real estate property is to understand the local pet laws and create a standardized procedure that is outlined in the lease in the event of the discovery of an unauthorized pet.
Pet Laws in California
Landlords in California have the ability to enforce their own curated pet policy, with a few caveats. It is completely legal to ban pets in the rental property altogether, as well as ban certain types of pets and breeds, or enforce size limits. Popularly, landlords choose pet policies that only allow cats and dogs under a certain weight, or ban certain species that are more likely to be aggressive or cause property damage. Landlords also have the ability to revoke an individual pet’s residence if they can reasonably determine that the animal poses a threat to the safety of other tenants or the property. In terms of finances, it is legal to require an additional pet deposit for each pet that is accepted on the property, however as of 2026 the total security deposit paid by the tenant may not exceed one month’s rent under California’s Assembly Bill 12, which took effect on July 1, 2024. In addition to a deposit, monthly ‘pet rent’ can be charged on top of the original rent price, as long as the total rent does not exceed any limits imposed in rent-controlled areas.
Deposits, Pet Rent, and the AB 12 Cap
Small landlords still have the ability to collect a little more, with a few caveats. If the owner is a natural person, or a family trust, and owns no more than two residential rental properties totaling no more than four units, they may collect up to two months’ rent as a deposit. It is completely legal to fold a pet deposit into that limit, as well as charge separate monthly pet rent, which commonly runs somewhere between $25 and $75 per pet and does not count toward the deposit cap. One exception applies for active-duty servicemembers, whose deposit is capped at one month regardless of the size of the landlord.
Could California Force Landlords to Allow Pets?
There has also been talk of going further. Assembly Bill 2216, which was considered in 2024, would have banned blanket no-pet policies in larger buildings and limited the fees charged to pet owners, but it did not pass. As of 2026, there is no California law that forces a landlord to accept pets, so owners are still free to set and enforce their own pet policies within the limits above.
Service Animals, ESAs, and Declawing Rules
The restrictions on pet policies in California largely align with federal tenant protections. It is unlawful to require that pets are devocalized or declawed in order to live on the property, and under California Civil Code 1942.7 a landlord who does so can face a civil penalty of up to $1,000 per animal. Additionally, landlords cannot discourage tenants in any way for having pets that are not devocalized or declawed. Although not specific to California, the Fair Housing Act offers federal protection for individuals with disabilities. If a landlord enforces a no-pet policy or has restrictions on certain animals, a tenant may always request a waiver of exemption in the case of a service animal. The exemption must be fulfilled so long as the tenant provides proof of the disability and can show that the service animal aids in supporting daily function, and this includes emotional support animals. Service animals can’t be restricted by size, weight, or breed like other pets, and landlords can’t charge additional rent or deposits for service pets. However, service animals can be restricted or prohibited if they are confirmed to be a threat to the safety of other residents.
Dealing With Unauthorized Pets
The best way to handle unauthorized pets with full legal protection is by including a clearly defined pet policy in every lease. The pet policy section should include property rules concerning pets as well as a predetermined procedure in the event of an unauthorized animal discovered on the premises. In addition to prohibited pets being kept on the property, any pet that is not properly registered to avoid additional fees is an unauthorized pet and can be handled with the same procedure. Landlords can require the tenant to submit official pet information such as breed, weight, and current vaccinations in order to confirm that the animal is within the pet policy guidelines.
When a tenant is keeping an unauthorized pet, this can be considered a violation of the lease, and just with any violation, following standard and formal procedures is always smart. Require the tenant to correct the violation via an official written notice. Tenants can be given a specified amount of time to fix the problem, usually between a few days and one week. If the tenant does not remove the unauthorized pet or have it properly registered within the specified time frame, the landlord can choose to begin an eviction. The official notice should also include the landlord’s intentions if the lease violation is not resolved.
Frequently Asked Questions
How much can a landlord charge for a pet deposit in California?
A pet deposit folds into California’s overall security-deposit limit rather than sitting on top of it. As of 2026, under Assembly Bill 12, the total deposit may not exceed one month’s rent, though a small owner of no more than two properties may collect up to two months. Monthly pet rent, which commonly runs between $25 and $75 per pet, is separate and does not count toward that cap.
Can a landlord evict a tenant for an unauthorized pet in California?
Yes, keeping an unauthorized pet is considered a violation of the lease, and it is handled like any other violation. The landlord first requires the tenant to correct it through an official written notice, giving a specified amount of time, usually between a few days and one week. If the pet is not removed or properly registered within that window, the landlord can choose to begin an eviction.
Do California landlords have to allow emotional support animals?
Emotional support animals must be accommodated even where a no-pet policy is in place, because the federal Fair Housing Act protects individuals with disabilities. A tenant may request a waiver so long as they provide proof of the disability and can show that the animal aids in supporting daily function. Landlords cannot charge additional rent or a deposit for a support animal, or restrict it by size, weight, or breed.
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