Pet Deposits vs. Pet Fees vs. Pet Rent
These three charges are different, and the rules for each vary by state:
- Pet deposit: A refundable amount held against pet damage. Subject to security deposit rules in most states. Must be returned (minus actual damages) after move-out.
- Pet fee: A one-time non-refundable charge for allowing a pet. Legal in most states, but California treats all "deposits" as refundable regardless of label. Some states prohibit non-refundable fees entirely.
- Pet rent: A monthly surcharge added to rent for having a pet. Legal in most states. Typically $25–$75/month. Cannot be charged for service animals or ESAs.
Fair Housing Warning: You cannot charge pet deposits, pet fees, or pet rent for service animals or emotional support animals. This is a federal law violation. The maximum penalty is $16,000 for a first offense.
All 50 States: Pet Deposit Rules
Laws current as of March 2025. "Count toward deposit cap" means your pet deposit + security deposit combined cannot exceed your state's maximum. Always verify with your state's landlord-tenant statute.
| State | Security Deposit Cap | Pet Deposit Rule | Pet Rent Allowed | Non-Refundable Pet Fee | Notes |
|---|---|---|---|---|---|
| Alabama | No cap | Allowed | Yes | Yes | No specific pet deposit statute |
| Alaska | 2× rent | Counts toward cap | Yes | No | Total deposit cannot exceed 2× rent |
| Arizona | 1.5× rent | Counts toward cap | Yes | Only if labeled non-refundable | Statute allows nonrefundable fees if disclosed in writing |
| Arkansas | 2× rent | Counts toward cap | Yes | Yes | No specific pet statute |
| California | 2× rent (unfurnished) | Counts toward cap | Yes | No | All deposits refundable regardless of label (Civil Code § 1950.5). As of 2024, cap = 1× rent for most residential. |
| Colorado | 2× rent | Counts toward cap | Yes | Yes | Nonrefundable fees allowed if clearly labeled |
| Connecticut | 2× rent | Counts toward cap | Yes | No | All deposits must be refundable |
| Delaware | 1× rent | Counts toward cap | Yes | No | Cap is 1 month after 1 year of tenancy |
| Florida | No cap | Allowed | Yes | Yes | No deposit cap. Pet fees common. Must disclose whether refundable. |
| Georgia | No cap | Allowed | Yes | Yes | No deposit cap. Pet fees common. |
| Hawaii | 1× rent | Counts toward cap | Yes | No | All deposits subject to 1-month cap |
| Idaho | No cap | Allowed | Yes | Yes | No deposit cap |
| Illinois | No cap (statewide) | Allowed | Yes | Yes | Chicago: no specific pet deposit limit but general deposit rules apply |
| Indiana | No cap | Allowed | Yes | Yes | No deposit cap. Pet deposits common. |
| Iowa | 2× rent | Counts toward cap | Yes | No | Total deposit capped at 2× rent |
| Kansas | 1× rent (unfurnished) | ½× rent additional | Yes | Yes | Kansas specifically allows an additional pet deposit of ½ month's rent (K.S.A. 58-2550) |
| Kentucky | No cap | Allowed | Yes | Yes | No deposit cap |
| Louisiana | No cap | Allowed | Yes | Yes | No deposit cap |
| Maine | 2× rent | Counts toward cap | Yes | No | All deposits refundable |
| Maryland | 2× rent | Counts toward cap | Yes | No | Total deposits capped at 2× rent |
| Massachusetts | 1× rent | Counts toward cap | Yes | No | Strict 1× rent cap. All deposits must be refundable. |
| Michigan | 1.5× rent | Additional allowed | Yes | Yes | Michigan allows additional pet deposit beyond the general cap (MCL 554.602) |
| Minnesota | No cap | Allowed | Yes | No | All deposits presumed refundable |
| Mississippi | No cap | Allowed | Yes | Yes | No deposit cap |
| Missouri | 2× rent | Counts toward cap | Yes | Yes | Nonrefundable fees allowed if disclosed |
| Montana | No cap | Allowed | Yes | Yes | No deposit cap. Nonrefundable fees allowed if disclosed in writing. |
| Nebraska | 1× rent | Counts toward cap | Yes | No | All deposits refundable |
| Nevada | 3× rent | Counts toward cap | Yes | Disclosed in writing | Nonrefundable fees allowed if clearly disclosed in lease |
| New Hampshire | 1× rent | Counts toward cap | Yes | No | 1-month cap after 12 months of tenancy |
| New Jersey | 1.5× rent | Counts toward cap | Yes | No | All deposits refundable. 1.5× rent total cap. |
| New Mexico | 1× rent (month-to-month) | Counts toward cap | Yes | No | Fixed-term leases: no cap |
| New York | 1× rent | Counts toward cap | Yes | No | HSTPA (2019): strict 1-month cap on ALL deposits including pet. Non-refundable fees prohibited. |
| North Carolina | 1.5× rent (month-to-month) | Counts toward cap | Yes | Yes | Pet fees allowed if disclosed. 2× rent for fixed-term leases. |
| North Dakota | 1× rent | Counts toward cap | Yes | Yes | Nonrefundable fees allowed if disclosed |
| Ohio | No cap | Allowed | Yes | Yes | No deposit cap. Pet fees are common. |
| Oklahoma | No cap | Allowed | Yes | Yes | No deposit cap |
| Oregon | No cap | 25% of 1 month's rent | Yes | No | ORS 90.302: Landlords cannot prohibit pets and cannot charge more than ¼ month's rent as pet deposit. Pet rent allowed (≤ $50/mo or market rate). Major tenant-friendly law. |
| Pennsylvania | 2× rent (yr 1) | Counts toward cap | Yes | Yes | After year 2: cap drops to 1× rent. Nonrefundable fees allowed if disclosed. |
| Rhode Island | 1× rent | Counts toward cap | Yes | No | All deposits refundable |
| South Carolina | No cap | Allowed | Yes | Yes | No deposit cap |
| South Dakota | 1× rent | Counts toward cap | Yes | Yes | Nonrefundable fees allowed if disclosed |
| Tennessee | No cap | Allowed | Yes | Yes | No deposit cap. Pet fees common. |
| Texas | No cap | Allowed | Yes | Yes | No deposit cap. Texas landlords have maximum flexibility on pet charges. |
| Utah | No cap | Allowed | Yes | Yes | Nonrefundable fees allowed if clearly labeled |
| Vermont | No cap | Allowed | Yes | Yes | No deposit cap. All deposits must be held in escrow. |
| Virginia | 2× rent | Counts toward cap | Yes | No | 2× rent total cap. All deposits refundable. |
| Washington | No cap (2024) | Allowed | Yes | Partial | WA removed deposit cap in 2024. Non-refundable fees allowed with conditions. Pet deposit must be itemized separately. |
| West Virginia | No cap | Allowed | Yes | Yes | No deposit cap |
| Wisconsin | No cap | Allowed | Yes | Disclosed in writing | No cap. Nonrefundable fees allowed if disclosed (Wis. Admin. Code ATCP 134.06) |
| Wyoming | No cap | Allowed | Yes | Yes | No deposit cap |
| D.C. | 1× rent | Counts toward cap | Yes | No | All deposits refundable. Strict 1-month cap. |
Service Animals and Emotional Support Animals — No Fees Allowed
Under the Fair Housing Act (42 U.S.C. § 3604), landlords must provide reasonable accommodations for tenants with disabilities, including allowing service animals and emotional support animals. This applies even in no-pet buildings.
You cannot charge: pet deposits, pet fees, pet rent, or any additional fee for an ESA or service animal. You can hold tenants responsible for actual damage through the standard security deposit.
What you can do: Request documentation of the disability and the need for the animal. For ESAs, a letter from a licensed mental health professional is standard. For service animals, you can ask only two questions: (1) is this a service animal required because of a disability? (2) what work or task has the animal been trained to perform?
Frequently Asked Questions
How much can a landlord charge for a pet deposit?
It depends on your state. Most states with security deposit limits count pet deposits toward the total cap. California's total deposit cap is 2 months' rent for unfurnished units — the pet deposit plus security deposit cannot exceed this. Texas, Georgia, and Florida have no statutory deposit limit, giving landlords more flexibility. Kansas specifically allows an additional ½ month's rent as a pet deposit beyond the general cap. Oregon caps pet deposits at 25% of one month's rent.
Is a pet deposit refundable?
In most states, a pet deposit is refundable if no pet damage occurred — it follows the same rules as a security deposit. However, many landlords also charge non-refundable "pet fees" which are separate from deposits. Whether a non-refundable pet fee is legal depends on your state. California, New York, Connecticut, and several other states treat all deposits as refundable regardless of what you call them.
Can a landlord charge a pet deposit for a service animal?
No. Federal law (Fair Housing Act and ADA) prohibits charging pet deposits, pet fees, or pet rent for service animals and emotional support animals. You cannot charge any additional fees for an accommodation animal. You can, however, hold tenants responsible for actual damage caused by the animal through the standard security deposit.
Can a landlord have a no-pets policy?
Yes, landlords can generally have a no-pets policy. However, you must make exceptions for service animals and emotional support animals (ESAs) under the Fair Housing Act, regardless of your no-pets policy. Oregon is a notable exception — a 2021 law gives tenants in most rentals the right to have pets subject to reasonable conditions and capped pet deposits.
Is pet rent legal?
Pet rent — a monthly fee added to rent for having a pet — is legal in most states. It is separate from a pet deposit and is typically non-refundable. Some states restrict the total amount, and pet rent cannot be charged for service animals or ESAs. Pet rent is increasingly common and typically ranges from $25–$75 per month per pet.
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