Pet Policies in California: What You Can and Cannot Do

For many, our pets are not just animals; they're family. When it comes to renting in California, understanding the ins and outs of pet policies is essential to ensure a harmonious living situation for both tenants and landlords. This comprehensive guide aims to clarify what you can and cannot do when it comes to pets in rental properties across the Golden State. So, whether you're a pet owner or a landlord, let's break down the key aspects of pet policies in California to help make your rental experience paw-sitively smooth.

1. The Fair Housing Act and Pet Ownership

The Fair Housing Act is a federal law that prohibits discrimination based on race, color, religion, sex, national origin, disability, and familial status. While it doesn't explicitly mention pets, it does come into play when discussing pet policies. Under this act, landlords cannot discriminate against tenants with disabilities who require service animals or emotional support animals, even in properties with no-pet policies.

2. Landlord Discretion and Pet Policies

In California, landlords generally have the discretion to establish their pet policies. They can decide whether to allow pets, set pet deposits, and create rules regarding pet ownership. However, there are certain limitations on what landlords can and cannot do. 

3. Types of Pets Allowed

Landlords can specify the types of pets allowed in their rental units. For example, they may permit only cats and dogs but not exotic animals. These restrictions should be clearly stated in the lease agreement to avoid any confusion.

4. Pet Deposits

California law allows landlords to collect a pet deposit. This is an additional amount of money that tenants with pets pay upfront. It is intended to cover potential damages caused by the pet during the tenancy. However, it's essential to be aware of the legal limits for pet deposits in California.

5. Pet Rent

In some cases, landlords may charge pet rent in addition to the regular rent. This is a recurring monthly fee for having a pet. While it's permissible in California, it's essential to clearly define the terms of pet rent in the lease agreement, including the amount and payment schedule.

6. Service Animals and Emotional Support Animals 

Service animals and emotional support animals are not considered pets under the Fair Housing Act, and landlords are required to make reasonable accommodations for tenants with disabilities who need these animals. In California, a landlord cannot charge a pet deposit or pet rent for service animals or emotional support animals.

7. Tenant Responsibilities

Tenants with pets have certain responsibilities, even in pet-friendly rental properties. They are generally required to:

●      Ensure their pets do not disturb neighbors with excessive noise.

●      Keep their pets under control, especially in common areas.

●      Clean up after their pets, both inside the rental unit and in common areas.

●      Repair any damage caused by their pets, including replacing or repairing items beyond normal wear and tear. 

8. Liability Insurance

Some landlords may require tenants with pets to have liability insurance that covers any potential damage or injuries caused by the pet. This is a precautionary measure to protect both the landlord and other tenants in the building.

9. Eviction for Violating Pet Policies

Landlords have the right to evict tenants who violate the terms of the lease agreement, including pet policies. If a tenant's pet causes significant damage or creates disturbances, the landlord may take legal action to address the issue.

10. Local Ordinances and Restrictions

In addition to state laws, tenants and landlords should also be aware of any local ordinances or restrictions related to pet ownership. Some cities or counties in California may have specific regulations regarding pet limits, breed restrictions, and leash laws. 

11. Communication and Documentation

Effective communication between landlords and tenants is crucial when it comes to pet policies. Both parties should be clear about the terms and conditions related to pets in the rental agreement. Additionally, documenting the condition of the property before and after a tenant with a pet moves in can help avoid disputes over damages.

Conclusion

Navigating pet policies in California rental properties requires a good understanding of both your rights and responsibilities. By recognizing the nuances of the Fair Housing Act, pet deposits, and service animal accommodations, you can create a balanced and respectful living environment for both pet owners and landlords. Remember that while California rental laws provide some flexibility for landlords, they also ensure protection for tenants with service animals or emotional support animals. Maintaining open communication and following the guidelines discussed in this guide will help you achieve a harmonious coexistence between pets and rental properties in compliance with California rental laws.