Pet Policies and Pet Deposits for Landlords
By LandlordShark Editorial Team · Published · Last reviewed November 1, 2026
General information, not legal advice
Landlord-tenant rules differ by state and city. Check your local statutes or talk to a licensed attorney before acting. Full disclaimer.Pets are a fact of life for renters, and many of your applicants will have one. A no-pets rule shrinks your pool of applicants, while an anything-goes approach invites damage and neighbor complaints. A written pet policy lets you take on the risk deliberately and charge for it where the law allows. This guide walks through your options and the fair housing rules you cannot skip.
Decide whether to allow pets at all
Start with the property. A single-family home with a fenced yard handles a dog differently than a small unit with shared walls. Also check with your insurer, since some policies limit coverage for certain animals or breeds. Our landlord insurance guide explains what to ask. If you share a building with an HOA or other restrictions, confirm those first.
Allowing pets often means more applicants and tenants who stay longer, but it also means more wear on flooring, yards, and doors. Either choice is legitimate as long as you apply it consistently.
Write the policy down
Put your pet rules in the lease or a signed pet addendum, and list them in your rental listing so applicants can screen themselves. A good policy covers:
- Which animals are allowed: dogs, cats, or others, and how many.
- Size or breed limits: only if you have a real reason, such as an insurance requirement. Confirm what your policy actually says rather than guessing.
- Vaccination and licensing: proof of required shots and any local licensing.
- Behavior rules: leash requirements, noise, waste cleanup, and no leaving animals unattended in common areas.
- Liability: the tenant is responsible for damage and injuries caused by the animal.
- Unauthorized pets: what happens if an animal moves in without approval, including any cure period.
For other terms to pair with this, see lease clauses every landlord needs.
Pet deposit, pet fee, or pet rent
There are three common ways to price the risk. Which ones are legal, and how much you can collect, depends on your state and sometimes your city.
| Option | How it works | Things to know |
|---|---|---|
| Pet deposit | Refundable money held against pet damage | Often counts toward a state cap on total security deposits; return rules apply |
| Pet fee | One-time, non-refundable charge | Some states restrict or prohibit non-refundable fees, so check before using one |
| Pet rent | Extra monthly amount per pet | Usually allowed if disclosed in the lease, but check local rent rules |
Some states limit total deposits, some treat pet deposits as part of that limit, and some set rules on what a fee can cover. Do not copy a number from a neighboring landlord or another state. Confirm what your state allows, then choose an amount that is reasonable for your market and the same for every tenant with a comparable pet. Our security deposit guide covers the baseline rules, and our guide to setting rental price helps you decide how pet charges fit your overall rent.
Watch out
An animal requested because of a disability is not treated as an ordinary pet. The Fair Housing Act requires reasonable accommodations, so a no-pets policy or breed restriction cannot automatically be used to turn away an applicant who needs a trained service animal, and charging pet fees for one is generally not allowed. Federal rules on emotional support animals changed in 2025 and 2026 (see below), and many state laws still protect them, so get local advice before you deny a request or charge a fee.Assistance animals and fair housing
The federal Fair Housing Act requires housing providers to make reasonable accommodations in rules and policies, including no-pets rules, when needed to give a person with a disability equal opportunity to use and enjoy a home. What that means for animals has shifted recently:
- HUD’s position has changed. HUD withdrew its 2013 and 2020 assistance animal guidance, which had covered untrained emotional support animals, effective September 17, 2025 (Federal Register notice). A May 22, 2026 HUD enforcement memo says HUD will find reasonable cause for failing to waive a pet policy only when the animal has been individually trained to do work or perform tasks directly related to the person’s disability, and that requests for untrained emotional support animals are no longer presumed reasonable (HUD memo, PDF). HUD has also said it plans formal rulemaking on the topic.
- That memo is not the whole law. It does not change the Fair Housing Act itself or state and local fair housing laws, and the memo states that it does not affect the right to bring a private lawsuit. It also does not address complaints under Section 504 or the ADA, which can apply to federally assisted or public-facing properties. Some states expressly protect untrained assistance animals, and courts may still evaluate emotional support animal requests case by case.
- Treat every request as an accommodation request. Respond promptly and in writing, even if your lease says no pets. If the disability or the need for the animal is not obvious, you may generally ask for reliable supporting information, but avoid demanding medical records or a diagnosis.
- Fees and deposits. Charging pet fees, deposits, or pet rent for a trained service animal is generally treated as unreasonable. Whether you must waive them for an untrained emotional support animal is less settled under current federal enforcement policy, and some state laws prohibit such charges, so check before you charge.
- Denials need an individual assessment. A specific animal can generally be refused if it poses a direct threat to others’ health or safety, or would cause substantial physical damage, that cannot be reduced. Base that on the animal’s actual conduct, not a generalization about its breed or size.
- Damage is still damage. The tenant is generally still responsible for damage the animal causes beyond normal wear, just like any other damage.
Because this area is changing, read our fair housing guide and get advice from a housing attorney or your state or local fair housing agency before you deny a request. Keep the paperwork.
Handling pet damage at move-out
Document the unit’s condition with photos at move-in and again at move-out. If pet damage goes beyond normal wear, such as chewed trim, deep stains, or lingering odors, you may be able to deduct from the deposit, subject to your state’s itemization and deadline rules. Normal wear is not deductible. Our move-out inspection guide shows how to build a solid record.
Common pet policy mistakes
- Applying the policy unevenly, such as waiving fees for tenants you like
- Charging an assistance animal like a pet
- Using breed bans without checking whether they match your insurance
- Failing to get the pet’s details and proof of vaccination in writing
- Not updating the lease when a tenant adds a pet mid-term
Next steps
Decide whether pets fit your property, then write a one-page pet addendum and check your state’s rules on deposits and fees before you set any amounts. Confirm your insurance terms, add the policy to your listing, and prepare a simple process for assistance animal requests so you respond the same way every time. A clear policy protects your property and keeps you on the right side of fair housing.