Pet deposit, pet fee and pet rent

A pet deposit is refundable money held against pet damage, a pet fee is a one-time non-refundable charge, and pet rent is a monthly add-on. Whether you can charge each depends on your state: many states count a pet deposit toward the overall security deposit cap, and some don’t allow non-refundable fees. You can’t charge any of them for a service or assistance animal.

The three charges

ChargeRefundable?Typical amount
Pet depositYes, minus documented pet damage$200–$500 per pet
Pet feeNo$100–$400 one-time
Pet rentNo$25–$75 a month

Amounts are common market ranges, not legal limits. Put whichever you use in the lease or a pet addendum.

State rules to check

  • Deposit caps: many states cap the total security deposit, and a pet deposit counts toward it. California, for example, limits most landlords to one month’s rent in total since July 1, 2024 (small landlords may charge two months).
  • Non-refundable fees: some states treat any upfront charge as a refundable deposit. If in doubt, make it a refundable pet deposit.
  • Return deadline: the pet deposit follows the same return and itemization rules as the rest of the deposit. See the security deposit return letter.

Service and assistance animals

Under the Fair Housing Act, a service animal or emotional support animal is not a pet. You can’t charge a pet deposit, fee or pet rent for it, though the tenant is still responsible for any damage the animal causes, which you can deduct from the regular security deposit.

Recording it

Record a pet deposit as a deposit, not as income, until you keep part of it. Pet fees and pet rent are rental income in the year you receive them. Document the unit’s condition at move-in with a move-in checklist so pet damage is easy to prove later.

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Questions

Can I charge a pet deposit and pet rent?

In most states, yes, as long as the total deposit stays under any state cap and the charges are in the lease.

Can I keep the pet deposit for normal wear?

No. Only for damage beyond normal wear and tear, such as scratched doors or stained carpet.

Can I ask for a pet deposit per pet?

Yes, where the law allows pet deposits at all. Many landlords charge per pet with a maximum number of pets.

Checked against HUD guidance on assistance animals (FHEO-2020-01) and California Civil Code § 1950.5 as amended by AB 12, November 2026. Check your state and city rules.

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