
The Pet Addendum: What a California Pet Clause Should Cover
A California pet addendum sets the terms for a specific animal: which pet, the house rules, who pays for damage, and any extra deposit, which has to fit inside the one-month security deposit cap in Civil Code § 1950.5 because a pet deposit counts as security. No California statute restricts a no-pet policy as of October 19, 2026. Assistance animals are not pets and cannot be charged pet fees, and from April 1, 2027, SB 1296 requires every landlord to have a written pet policy or pet addendum.
The short version
- A pet deposit is part of the security deposit. The total, however named, is capped at one month's rent for deposits collected on or after July 1, 2024 (§ 1950.5(b), (c)(1)).
- No deposit may be labeled "nonrefundable" (§ 1950.5(n)).
- Monthly pet rent is not addressed by any statute. Treat it as a question for a California attorney.
- An assistance animal is not a pet (2 CCR § 12005(d)). No pet fee, extra rent, extra deposit or liability insurance may be charged for one (2 CCR § 12185).
- From April 1, 2027, landlords need a written pet policy or addendum, linked in ads and handed out with every application (SB 1296, Civil Code § 1942.7.5).
- If the home is in an HOA, check the association's pet rules before you write the addendum.
What the clause should cover
| Item | What to include | Why |
|---|---|---|
| The approved animal | Type, breed, approximate size, color, name, and how many animals | Makes clear which pet was approved, so a new or extra animal needs a new approval |
| New or replacement pets | That any additional or replacement animal needs written approval first | Keeps the addendum current |
| Deposit | Any extra amount, shown as part of the total security deposit, refundable | § 1950.5 cap and the ban on "nonrefundable" deposits |
| Pet rent | Leave it out, or have counsel review it | No statute addresses monthly pet rent |
| House rules | Waste pickup, leashes in shared areas, noise, where the animal may stay | Gives both sides a clear standard to point to |
| Damage | That the tenant is responsible for damage the animal causes beyond ordinary wear and tear | Deposit deductions are limited to damage "exclusive of ordinary wear and tear" (§ 1950.5(b)(2)) |
| HOA rules | That the pet must also comply with the association's rules, with a copy attached | The owner's governing documents may add limits |
| Assistance animals | A statement that the addendum does not apply to assistance animals, which are handled through accommodation requests | Avoids applying pet charges or limits to an assistance animal |
| Policy acknowledgment | From April 1, 2027, the tenant's acknowledgment of the written pet policy | SB 1296 requires a written policy and an acknowledgment space on applications |
Pet deposits and the cap
Civil Code § 1950.5(b) defines security as "any payment, fee, deposit, or charge" imposed at the beginning of the tenancy, for any purpose, and § 1950.5(c)(1) caps security "however denominated." A pet deposit or a pet cleaning fee collected at move-in falls inside that single cap. Work it out this way:
- Start with one month's rent. That is the ceiling for all security combined, in addition to the first month's rent.
- Subtract the standard deposit you plan to collect.
- Whatever is left is the most you can add for a pet.
- If you qualify for the small-landlord exception in § 1950.5(c)(5) (a natural person or all-natural-person LLC owning no more than two residential rental properties with no more than four units in total), the ceiling is two months, except that the exception never applies when the prospective tenant is a service member.
The security deposit calculator runs these numbers. The full rule is on the security deposits page.
Getting ready for the 2027 pet policy law
SB 1296 (Stats. 2026, ch. 1025) adds Civil Code § 1942.7.5, operative April 1, 2027. It does not require allowing pets, but every landlord or agent will need a written pet policy or pet addendum, linked in online ads and given with every rental application. The full list of duties is on the pets and assistance animals law page. To get ready:
- Decide your rule. A total ban counts as a policy, and if there are no pet rules, the policy must say so.
- Write it in plain language, covering the rights, responsibilities and requirements for tenants with pets.
- Add a space to your application form to acknowledge receipt of the policy.
- Get the policy to applicants before any screening fee is charged. If non-disclosure caused an applicant to become ineligible or withdraw, the fee must be refunded within 7 business days of a written request.
- Plan changes for future applicants: the policy may be amended for prospective tenants only.
A tenant's failure to sign a pet addendum cannot be the sole basis of an unlawful detainer. A pet addendum you write now can become the written policy, so draft it in plain language.
Assistance animals are a separate track
An assistance animal, whether a service animal or a support animal, is not a pet (2 CCR § 12005(d)). Under 2 CCR § 12185, no pet fee, extra rent, extra deposit or liability insurance may be charged for one, and breed, size and weight limits do not apply (with a narrow ADA exception for miniature horses). Damage the animal causes, beyond ordinary wear and tear, can still be charged.
So the pet addendum should not be used for an assistance animal at all. Handle the request through the accommodation process; see reasonable accommodation requests and the pets and assistance animals law page.
Pet damage at move-out
Deductions are limited to amounts reasonably necessary to repair damage "exclusive of ordinary wear and tear" and to clean the unit back to its move-in level (§ 1950.5(b)(2)-(3) and (e)). California's Department of Real Estate tenant guide, which calls its examples "not necessarily the law," treats eliminating a flea infestation left by the tenant's animals as a reasonable cleaning cost, and a door jamb chewed by the tenant's dog as a chargeable item. Move-in photos and move-out photos before and after repairs make these calls easier. See normal wear and tear vs. damage.
Clause mistakes to avoid
- Collecting a pet deposit on top of a full one-month deposit, which pushes the total over the cap.
- Calling the pet deposit or a pet fee "nonrefundable."
- Adding monthly pet rent without having counsel review it.
- Applying pet fees, extra deposits, insurance requirements, or breed, size or weight limits to an assistance animal.
- Writing an addendum that conflicts with the HOA's pet rules. See the HOA rules addendum and HOA rental restrictions.
- Waiting until April 2027 to write a pet policy.
For owners
Decide your policy, put it in writing, and keep the deposit math inside the cap. Treat every request for an animal the same way, and route assistance animal requests to the accommodation process instead of the addendum. Coronado owners can also read renting with pets in Coronado.
For renters
Ask for the pet policy before you apply. Check that any pet deposit plus the standard deposit stays within one month's rent (two months only for a qualifying small landlord, never for a service member). Read the house rules and any HOA pet rules, and take dated photos at move-in. If your animal is an assistance animal, make an accommodation request instead of signing a pet addendum.
Local rules
Some cities add rules on top of state law, such as local just-cause, relocation or rental registration rules; check your city's code, and check any HOA rules. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents).
Frequently asked questions
Can a California landlord refuse pets?
Yes. No California statute restricts a no-pet policy as of October 19, 2026. Bills that would have limited pet refusals or pet charges (AB 2216 and AB 2609) did not become law. From April 1, 2027, a total ban still counts as a written pet policy under SB 1296, but it must be in writing and shared with applicants.
Can I charge a pet deposit on top of the security deposit?
Only within the cap. A pet deposit is security under Civil Code § 1950.5(b), so the standard deposit plus the pet deposit together may not exceed one month's rent, or two months for a qualifying small landlord whose tenant is not a service member.
Is monthly pet rent allowed in California?
No statute addresses it. Two bills that would have regulated it died, and no verified court decision on it is covered here. Treat it as a question for a California attorney before adding it to a lease.
Does a pet addendum apply to an emotional support animal?
No. Under 2 CCR § 12005(d) an assistance animal, including a support animal, is not a pet, and 2 CCR § 12185 bars pet fees, extra rent, extra deposits and liability insurance for it. The tenant can still be charged for damage the animal causes.
What does the 2027 pet policy law require?
From April 1, 2027, every landlord needs a written pet policy or addendum, linked in ads and listings, with a copy given with every application and a space to acknowledge receipt (SB 1296). It does not require allowing pets.
McKee Properties manages rentals from its Coronado office; contact us with questions about your property.
This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.
Sources
- Civil Code § 1950.5 (opens in a new tab)
- SB 1296 (2026), written pet policy (opens in a new tab)
- 2 CCR § 12005 (opens in a new tab)
- 2 CCR § 12185 (opens in a new tab)
- AB 2216 (2023-24) bill history (opens in a new tab)
- AB 2609 (2025-26) bill history (opens in a new tab)
- California Department of Real Estate, California Tenants guide (2026) (opens in a new tab)
Verified October 19, 2026.
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