Calculate the maximum pet deposit and pet rent you can legally charge in your state
Service & Assistance Animal Warning
Service/ESA animals exempt from all fees. You cannot charge any pet deposits, fees, or pet rent for service animals (ADA) or emotional support animals with proper documentation (FHA). Doing so is a federal fair housing violation.
Florida: no limit on pet deposits. Non-refundable fees allowed.
Allowing pets in your rental can significantly expand your applicant pool — studies suggest 70% of renters have pets, and pet-friendly rentals command a premium of $25–$100/month in pet rent plus an upfront pet deposit. But landlord rights around pet fees vary dramatically by state, and the federal Fair Housing Act creates important limitations that apply in every state.
These are three distinct things. A pet deposit is a refundable amount held alongside the security deposit and returned if the pet causes no damage. A non-refundable pet fee is a one-time charge that covers wear and tear from pets — this is not refundable regardless of damage. Pet rent is an additional monthly fee on top of base rent and is legal in all 50 states. The key distinction is whether your state allows non-refundable fees; California, New York, and several other states prohibit them entirely.
This distinction is critical for fair housing compliance. Service animals (under the ADA) are dogs trained to perform specific tasks for people with disabilities — these must be allowed in all housing with no fees, no deposits, and no breed restrictions. Emotional support animals (ESAs) are covered under the Fair Housing Act — landlords must provide reasonable accommodations for tenants with a verifiable disability who have an ESA letter from a licensed healthcare provider, and cannot charge pet fees for ESAs. Regular pets have no fair housing protection and can be subject to fees, deposits, breed restrictions, and even full prohibition.
Under the Fair Housing Act, you cannot apply your pet policy to service animals or emotional support animals. You must engage in an "interactive process" with the tenant if they request an accommodation, and you can only deny an ESA accommodation if allowing the animal would pose an undue financial hardship, constitute a fundamental change to your housing, or if the specific animal poses a direct threat to others. Asking for veterinary records, training certifications, or "ESA registration" from third-party websites is not legally required — a letter from a licensed healthcare provider is sufficient.
A good pet policy specifies: approved pet types and breeds, maximum weight, maximum number of pets, pet deposit amount and refund conditions, pet rent amount, documentation required (vaccination records, license), tenant responsibility for pet-caused damage, and consequences for unauthorized pets. The policy should be a separate addendum to the lease, signed by the tenant.
Can I refuse to allow pets in my rental?
Generally yes — landlords can adopt a no-pets policy (except for service animals and ESAs, which must be accommodated under fair housing law). There is no federal requirement to allow pets. However, in a competitive rental market, pet-friendly policies can reduce vacancy and command premium rents.
Can I charge more for large dogs or certain breeds?
You can charge more for dogs based on size or designate certain breeds as restricted, as this is a facially neutral policy applied to pets — not protected classes. However, breed restrictions must be applied consistently. You cannot restrict service animals or ESAs based on breed. Some states and cities (like Miami-Dade County for pit bulls) have specific breed restrictions that overlap with landlord policies.
What happens if a tenant gets a pet without permission?
An unauthorized pet is a lease violation. You can issue a cure-or-quit notice requiring the tenant to remove the pet within the cure period (typically 3–30 days depending on your state). If the tenant refuses, you can proceed with eviction for the lease violation. Document the violation with photos and written notice. Never try to remove the pet yourself.
Can I require proof of pet insurance or renters insurance?
Yes — requiring renters insurance (and ensuring the policy covers pet liability) is legal in all states and a smart risk management practice. You can make renters insurance a lease requirement. You cannot require standalone pet liability insurance as a separate product, though you can suggest it.
How do I handle pet damage that exceeds the deposit?
Pet damage beyond the pet deposit (and the security deposit) can be pursued as a civil debt. Send an itemized statement of damages within your state's security deposit return window. If the tenant doesn't pay, you can file in small claims court. Photograph all pet-related damage before and after tenancy for documentation. Pet damage claims are one of the more commonly pursued small claims cases.
VerticalRent's AI generates state-compliant pet addendums with all required clauses — deposit terms, pet rent, breed restrictions, damage liability, and ESA accommodation language.
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