Pets and Assistance Animals in California Rentals

As of October 2026, no California statute limits a landlord's right to adopt a no-pet policy, and the two recent bills that would have (AB 2216 and AB 2609) both died. Any pet deposit counts toward the security deposit cap in Civil Code § 1950.5, and starting April 1, 2027, every landlord must have a written pet policy and give it with each rental application (Civil Code § 1942.7.5). Assistance animals are a separate category: under California fair housing regulations, "an assistance animal is not a pet," and no pet fee, extra rent or extra deposit may be charged for one.

At a glance

Pets: what the law says

A no-pet policy is still allowed

No California statute restricts a landlord's no-pet policy as of October 19, 2026. Two bills tried:

• AB 2216 (2023 to 2024) would have barred refusing a common household pet without reasonable justification and barred pet rent. It passed the Assembly but died in the Senate at the end of the session (last action November 30, 2024).
• AB 2609 (2025 to 2026) would have capped pet rent at 1% of monthly rent and extra pet security at 15% of one month's rent. Its hearing was canceled at the author's request on April 27, 2026, and the session's passage deadline has passed. It was not enacted.

Pet deposits count toward the deposit cap

Civil Code § 1950.5(b) defines "security" as any payment, fee, deposit or charge imposed at the start of a tenancy, and the cap applies "however denominated." A pet deposit is therefore part of the security deposit, not an addition to it. For deposits collected on or after July 1, 2024, the total is capped at one month's rent (two months for a qualifying small landlord, never for a service member tenant). A lease also may not call any security "nonrefundable." See security deposits for the full cap rules.

Monthly pet rent is unsettled

No statute addresses monthly pet rent as distinct from a deposit. Both failed bills would have, and neither became law. Whether a particular pet rent arrangement is lawful is a question for counsel, not something this page can answer.

The written pet policy (from April 1, 2027)

SB 1296 (Stats. 2026, ch. 1025, adding Civil Code § 1942.7.5) becomes operative April 1, 2027. It does not require anyone to allow pets. It requires transparency:

• Every landlord or agent must have a written pet policy or pet addendum. A total ban counts as a policy, and if there are no pet rules, the policy must say so.
• The policy must describe, in plain language, the rights, responsibilities and requirements for tenants with pets. It may be amended for prospective tenants only.
• A link to it must appear on the property's website, in digital ads the landlord controls (and on third-party sites where links are allowed), and in data given to rental search engines.
• A written copy goes with every rental application (electronically if the application is electronic), and the application must include a space to acknowledge receipt.
• If a landlord charges a screening fee without first disclosing the policy, and that caused the applicant to become ineligible or withdraw, the fee must be refunded within 7 business days of a written request.
• A tenant's failure to sign a pet addendum cannot be the sole basis for an eviction.
• The law does not change assistance animal rules.

Assistance animals: what the law says

They are not pets

California's fair housing regulations state: "An assistance animal is not a pet." (2 CCR § 12005(d)). Assistance animals include:

• Service animals, which are trained to perform tasks. They need not be professionally trained or certified.
• Support animals, which provide emotional, cognitive or similar support. They need not be trained or certified.

Disability is a protected characteristic under California's Fair Employment and Housing Act (Government Code § 12955) and the federal Fair Housing Act. Refusing a reasonable accommodation is discrimination under federal law (42 U.S.C. § 3604(f)(3)), and California's regulations on reasonable accommodations are in 2 CCR § 12176.

What a landlord may and may not charge

Under 2 CCR § 12185, a person with an assistance animal "shall not be required to pay any pet fee, additional rent, or other additional fee," including an "additional security deposit or liability insurance, in connection with the assistance animal." The landlord may charge for damage the animal actually causes, but not for ordinary wear and tear.

Other limits

• "No breed, size, and weight limitations may be applied to an assistance animal," with a narrow exception for miniature horses under the ADA.
• For a service animal, only two questions may be asked, and a demonstration of the animal's task may not be required.
• A pet policy under SB 1296 does not change any of this.

Who it applies to

The deposit cap and, from April 1, 2027, the pet policy rule apply to residential landlords generally. The assistance animal rules come from fair housing law. Note that the federal Fair Housing Act exemption some small single-family owners have is lost when a broker or property manager is used. Condo owners should also check their association's pet rules; see HOA rental restrictions.

What owners should do

1. Decide your pet rules and put them in writing now. By April 1, 2027 you need a written policy, even if it is a complete ban.
2. Prepare distribution. Add the policy link to your listings and website, and add a copy and an acknowledgment line to your application package.
3. Keep pet deposits inside the cap. Add the pet deposit to every other upfront charge (other than first month's rent and the screening fee) and stay within the one-month limit, or two months if you qualify as a small landlord. The security deposit calculator can help.
4. Avoid pet rent until counsel weighs in. No statute settles it.
5. Separate assistance animals from your pet policy. Do not apply pet fees, pet deposits, extra rent, insurance requirements, or breed, size or weight limits to an assistance animal.
6. Handle accommodation requests consistently, in writing, and without delay. Ask counsel about what documentation you may request.
7. Charge only for actual damage caused by any animal, documented with move-in and move-out photos.

What tenants should know

• A landlord may refuse pets under current California law, so read the pet terms before applying.
• From April 1, 2027, you should get the written pet policy with your application, and a fee refund may be owed if it was withheld and that led you to withdraw or become ineligible.
• Any pet deposit is part of your security deposit and counts toward the cap.
• If you have a disability and need an assistance animal, you may request a reasonable accommodation, and an assistance animal is not a pet under California's regulations. You cannot be charged pet fees, extra rent or an extra deposit for that animal, though you can be charged for damage it causes.
• Support animals and service animals do not need to be certified.

Step-by-step guides

For the practical side of this rule, see these guides in the California Rental Handbook:

• The Pet Addendum: What a California Pet Clause Should Cover
• Reasonable Accommodation and Modification Requests in California Rentals
• The HOA Rules Addendum: Binding Tenants to CC&Rs and House Rules

Local rules

Some California cities add local rules on top of state law. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents); see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.

Recent and upcoming changes

• November 30, 2024: AB 2216 died in the Senate.
• April 27, 2026: AB 2609's hearing was canceled at the author's request; it was not enacted.
• September 30, 2026: SB 1296 approved by the Governor.
• April 1, 2027: written pet policy requirement becomes operative.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Frequently asked questions

Can a California landlord refuse to rent to someone with a pet?

Yes, under current law. No California statute restricts no-pet policies as of October 19, 2026. That does not apply to assistance animals, which are not pets and are handled as a disability accommodation under fair housing law.

Can a landlord charge a separate pet deposit on top of the security deposit?

Not on top of the cap. Civil Code § 1950.5 treats any payment, fee, deposit or charge imposed at the start of the tenancy as security, however it is labeled. Any pet deposit counts toward the cap, so the total of all security must stay within it: generally one month's rent for deposits collected since July 1, 2024.

Is monthly pet rent legal in California?

No statute addresses it. Two bills that would have regulated pet rent died, and no verified court decision on it is covered here. Treat it as a question for a California attorney.

What does the 2027 pet policy law require?

From April 1, 2027, Civil Code § 1942.7.5 requires every landlord to have a written pet policy or addendum, link it in listings, provide a copy with each rental application, and include a space to acknowledge receipt. A complete ban is a valid policy. The law does not require allowing pets.

Can a landlord charge a deposit for an emotional support animal?

No. California regulations bar any pet fee, additional rent, additional security deposit or liability insurance in connection with an assistance animal, which includes support animals. The tenant can be charged for damage the animal causes, not ordinary wear and tear.

Can a landlord apply breed or weight limits to a service or support animal?

No. Under 2 CCR § 12185, no breed, size or weight limitations may be applied to an assistance animal, apart from a narrow exception for miniature horses under the ADA.

Sources

• SB 1296 (2026), Civil Code § 1942.7.5 (opens in a new tab)
• Civil Code § 1950.5 (opens in a new tab)
• AB 2216 bill history (opens in a new tab)
• AB 2609 bill history (opens in a new tab)
• 2 CCR § 12005 (opens in a new tab)
• 2 CCR § 12185 (opens in a new tab)
• Government Code § 12955 (opens in a new tab)
• 42 U.S.C. § 3604 (opens in a new tab) and § 3603 (opens in a new tab)

Verified October 19, 2026.