Pet Deposits, Pet Rent and Pet Fees: What Landlords Can Charge (and What Actually Works)
Two-thirds of renter households have a pet. A no-pets listing is competing for the other third — and paying for it in days on market. The question is not whether to allow pets but how to price the risk, and the three tools for that (a deposit, monthly pet rent, a one-time fee) are legal in different places and do different jobs.
This guide covers what each one is, where it is allowed, what landlords are charging this year, the policy language that works, and the one category of animal none of this applies to.
Three Tools, Three Jobs
| Tool | What it is | Refundable? | Typical 2026 amount | Watch out for |
|---|---|---|---|---|
| Pet deposit | Extra security deposit held against pet damage | Yes — returned less pet damage | $250–$500 per pet | Counts toward the state deposit cap in most capped states |
| Pet rent | Monthly charge added to rent | No | $25–$75 per pet per month | Must be in the lease; treated as rent for non-payment |
| Pet fee | One-time, non-refundable charge at move-in | No | $200–$500 per pet | Prohibited or restricted in several states |
A deposit covers damage; pet rent covers wear that is not damage (the extra carpet cleaning, the faster turnover of flooring) and the risk you cannot itemise; a fee covers the same thing as pet rent, paid up front. Most landlords use a deposit plus pet rent. A fee plus pet rent is the aggressive version; a deposit alone is the friendly one.
Where Each Is Legal
- Pet deposit: legal everywhere, but in states that cap the total deposit (California at one month, New York at one month, Massachusetts, North Carolina, and about twenty others) the pet deposit is part of that cap, not on top of it. A one-month security deposit in California leaves no room for a pet deposit at all — pet rent is the tool there.
- Pet rent: legal everywhere as a lease term. In rent-controlled units it may count as rent for the purposes of the cap.
- Non-refundable pet fee: prohibited in California and Montana; restricted in Washington (must be labelled non-refundable in the lease), and treated as part of the deposit in several states if the lease is not explicit. Where allowed, the lease must say "non-refundable" in so many words.
Ohio, Colorado and a few others now regulate pet charges directly. Colorado (since 2024) caps pet deposits at $300 and pet rent at the greater of $35 or 1.5% of rent, and bars breed-based insurance requirements. Check your state's rental law page before setting a number — the state law pages have the current rule.
The Policy That Fills Units
"Pets negotiable" is the listing phrase that performs best: it does not exclude anyone, and it lets you say yes to the eight-year-old cat and no to the untrained puppy. Behind it, a written policy the tenant signs as an addendum:
- Which animals — species, number (two is standard), and any weight limit. Breed restrictions are legal in most states but check your insurer's list rather than inventing one.
- The charges — deposit, pet rent, fee, stated as refundable or not.
- Proof — vaccination record, licence where the city requires it, and a photo for the file.
- Conduct — waste, leash rules in common areas, noise, no unattended pets on balconies.
- Damage — the tenant is liable for all pet damage, including flea treatment and odour remediation, beyond the pet deposit.
- Unauthorised pets — the consequence: a notice to cure, the pet charges backdated, or both.
How it works in My Rental Spot: the pet addendum is signed with the lease, the pet deposit and pet rent post to the ledger automatically, and the pet's details and vaccination record sit on the tenant's file. See lease management.
Screening the Pet
Screen the animal the way you screen the tenant. Three questions to the previous landlord — any damage, any complaints, would you rent to them again with the pet — answer most of what you need to know. A ten-minute meeting with the dog tells you the rest. Several screening platforms now offer a pet profile with vaccination, training and references; it is worth asking for.
The Animal None of This Applies To
An assistance animal — a service animal or an emotional support animal — is not a pet under the Fair Housing Act. No pet deposit, no pet rent, no pet fee, no breed or weight limit. The tenant is still liable for actual damage. Charging pet fees for an ESA is the most common fair-housing violation small landlords commit. Read Emotional Support Animal Requests before you answer one.
Frequently Asked Questions
Can I charge both a pet deposit and pet rent?
Yes, in every state, as long as the total deposit stays under the state cap and both are in the lease. Deposit plus pet rent is the most common structure.
Is a non-refundable pet fee legal?
In most states, if the lease clearly labels it non-refundable. California and Montana prohibit non-refundable fees; several other states treat an unlabelled fee as part of the refundable deposit.
How much is pet rent in 2026?
Twenty-five to seventy-five dollars per pet per month is the range across most markets; $35–$50 is typical. Colorado caps it at the greater of $35 or 1.5% of rent.
Can I deduct pet damage from the regular security deposit?
Yes. The pet deposit is applied first, and anything beyond it comes from the general deposit like any other damage — with the same itemised statement and the same rule that ordinary wear is not deductible.
Can I refuse a tenant because of their dog's breed?
In most states, yes, for a pet — though several cities and a few states now bar breed restrictions. You cannot refuse an assistance animal on breed.
What if I find an unauthorised pet?
Serve a notice to cure: either the animal goes or the tenant signs the pet addendum and pays the pet charges from the date the pet arrived. Repeated violation is grounds for a notice to vacate under the lease.
Pet charges that post with the rent
Pet addendum signed with the lease; deposit and pet rent on the ledger automatically; the pet on the tenant's file.
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