Pet deposits vs pet fees rental rules confuse many renters signing a lease with a dog or cat. You found a great apartment. Now your landlord wants extra money for your pet. But will you ever see that money again? Understanding pet deposits vs pet fees rental basics protects your wallet before you sign.
In most cases, a deposit is refundable. A fee is usually not. However, the rules change a lot from state to state. This guide breaks down pet deposits vs pet fees rental terms in plain English. You will learn what landlords can charge, what you may get back, and how your state’s law protects you.
What Pet Deposits vs Pet Fees Rental Charges Actually Mean
The words matter more than you might think. A pet deposit is money held to cover pet damage. Typically, you get it back when you move out if your pet caused no damage. A pet fee is different. It is a one-time, non-refundable charge just for having a pet. You never get that money back.
There is a third charge too. Pet rent is a monthly amount added to your base rent. For example, many landlords charge $25 to $50 per month per pet. Knowing pet deposits vs pet fees rental differences helps you compare offers fairly. A $300 refundable deposit costs you far less than a $300 non-refundable fee.
However, one big exception applies nationwide. Under the federal Fair Housing Act, landlords cannot charge any pet deposit, pet fee, or pet rent for a service animal or assistance animal. These animals are not legally “pets.” As a result, a tenant with a disability-related animal is exempt from all pet deposits vs pet fees rental charges.
How Much Landlords Can Charge: Pet Deposits vs Pet Fees Rental Limits by State
State law controls what your landlord can charge. Some states ban non-refundable pet fees completely. Others fold pet money into the overall security deposit cap. As a result, pet deposits vs pet fees rental limits look very different depending on where you live.
For example, California caps total security deposits at one month’s rent under Civil Code 1950.5 and AB 12. Any pet deposit counts inside that one-month cap. California also bans non-refundable pet fees, so all deposits must be refundable. Massachusetts and New York are even stricter. Both cap deposits at one month’s rent and allow no separate pet charge at all.
| State | Key Rule | Statute |
|---|---|---|
| California | Deposit capped at 1 month’s rent; pet deposit included; no non-refundable fees | Civil Code 1950.5 |
| Massachusetts | 1 month cap; no separate pet deposit or fee allowed | G.L. c. 186 § 15B |
| New York | 1 month cap total; no extra pet deposit allowed | Gen. Oblig. Law § 7-108 |
| Colorado | Pet deposit capped at $300 refundable; pet rent capped at $35/mo or 1.5% | HB 23-1068 |
| Montana | Non-refundable pet fees generally not allowed | State landlord-tenant law |
Colorado offers strong protection for renters with pets. Its law caps a refundable pet deposit at $300. It also limits pet rent to $35 per month or 1.5% of rent, whichever is greater. Typically, states without a specific pet cap still apply the general security deposit limit. So check both rules before you agree to any pet deposits vs pet fees rental amount.
What to Do Next If You Are Charged
Start by reading your lease and pet addendum closely. Look for the exact words “deposit” or “fee.” A deposit should say it is refundable. If the lease calls a charge non-refundable in a state that bans that, you may be able to challenge it. Understanding pet deposits vs pet fees rental language protects you at signing.
Next, get everything in writing. For example, ask for a move-in checklist with photos of your unit. This proves the condition before your pet arrives. When you move out, take dated photos again. In most cases, this evidence helps you recover a refundable deposit fast.
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Finally, know your deadlines and your help options. Many states require the landlord to return your deposit within 14 to 30 days. If your landlord keeps money unfairly, you may be able to sue in small claims court. Some states add penalties of two to three times the amount wrongly withheld. Check with your local court or a legal-aid office through LSC.gov for free guidance on pet deposits vs pet fees rental disputes.
Frequently Asked Questions
Can a landlord charge both a pet deposit and a pet fee?
Sometimes, but it depends on your state. However, states like California, Massachusetts, and New York limit total deposits and often ban extra fees. As a result, stacking both charges may not be legal where you live. Always check your state’s pet deposits vs pet fees rental rules first.
Do I have to pay a pet deposit for my emotional support animal?
No. Assistance animals are not pets under the Fair Housing Act. Therefore, landlords cannot charge pet deposits, pet fees, or pet rent for them. You may still be responsible for actual damage your animal causes.
Is a pet deposit refundable when I move out?
Typically, yes, if your pet caused no damage beyond normal wear. A true deposit must come back to you. However, a non-refundable fee never returns. For example, that is the core difference in pet deposits vs pet fees rental charges, so read your lease carefully.
Check Your Rights in Your State
Find out exactly what your state’s law says about your situation — deadlines, deposit rules, and what to do next. Use our free tools to get the full picture.
Official Sources & Resources
For verified tenant rights and landlord-tenant law information:
- HUD (Tenant Rights): hud.gov
- LSC (Free Legal Aid): lsc.gov
- Cornell LII (Landlord-Tenant Law): law.cornell.edu
- State Court Self-Help: Check your state court’s self-help portal for official forms and deadlines
- State Legislature Websites: Verify exact statute language on your state legislature’s .gov site
Content last reviewed July 2026. If you notice any outdated information, please contact us.
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Disclaimer. The information on this page is provided for general informational purposes only and does not constitute legal advice. Landlord-tenant laws vary by state, county, and city, and may change without notice. The creators assume no liability for accuracy or completeness. Always verify with your state court, a local legal-aid office, or a qualified tenant attorney for advice specific to your situation.