California Pet Addendum: Deposit Caps, Pet Rent, and AB 468

A California pet addendum is a written attachment to your lease that identifies the animal you’re allowed to keep, sets the rules for keeping it, and spells out what you’ll pay and what happens if something goes wrong. Two things about California law shape the whole document: since July 1, 2024, total security deposit is capped at one month’s rent, and any charge labeled a “nonrefundable pet fee” is void.¹ Get those two rules right and the rest of the addendum is straightforward.

What the Addendum Identifies and Requires

The addendum names the specific animal authorized to live in the unit. You’ll typically list the pet’s name, breed, weight, color, and any local license or registration number. That record distinguishes your approved pet from any unauthorized animal later.

Beyond identification, the California Apartment Association’s standard form (CA-080) covers waste disposal, flea prevention, leash and carrier use, food storage, spay-or-neuter expectations, and confinement when maintenance staff need access.² The tenant is held responsible for all damage the animal causes, and the document typically addresses nuisance and threatening behavior as well.

If your pet dies or you rehome it during the tenancy, you’re expected to notify the landlord. A different pet usually requires a new addendum rather than a swap under the old one.² Standardized forms are available through the CAA and local real estate boards, though many property managers use their own versions.

Security Deposit Cap and Pet Deposits

This is where most landlords and tenants get tripped up. Since July 1, 2024, total security for a residential tenancy is capped at one month’s rent, whether the unit is furnished or unfurnished.¹ That cap covers every upfront charge collected to protect against unpaid rent, damage, or cleaning. A pet deposit is part of that total, not an amount added on top.

There is one exception. A landlord who is an individual (or an LLC whose members are all individuals) and who owns no more than two rental properties with a combined four or fewer units may charge up to two months’ rent as security. The higher cap does not apply if the tenant is a service member.¹

California law also prohibits any lease clause that characterizes a security deposit as “nonrefundable.”¹ Any upfront payment meant to cover future damage or cleaning is security under the statute. Call it a “nonrefundable pet fee” in the addendum and that label is void: it still has to be refundable and still counts against the one-month cap.

Monthly Pet Rent

Because the deposit cap is tight, many California landlords have moved to monthly pet rent instead. Pet rent is a recurring charge, typically $25 to $75 per pet, added to base rent each month. It’s treated as additional rent rather than security, so it isn’t subject to the one-month cap and isn’t refundable.

Your addendum should state the monthly pet rent amount and confirm it’s separate from the deposit. If a pet-related charge appears without specifying whether it’s a one-time deposit or recurring rent, that ambiguity turns into a fight at move-out.

Restrictions a Landlord Can Impose

For animals that are standard pets, landlords have broad discretion over what they’ll allow. Common addendum restrictions include:

A limit on how many pets can live in the unit, often one or two.
A weight cap, frequently in the 25- to 50-pound range.
Breed exclusions the landlord or their insurance carrier considers high-risk.
Species limits, such as dogs and cats only, no reptiles, birds, or exotics.

These are enforceable for standard pets and are typically spelled out in the addendum itself. A landlord whose insurance policy excludes certain dog breeds has a real business reason to enforce that exclusion, because a bite from an uninsured breed can leave them personally exposed.

Insurance, Damage, and Liability

A well-drafted addendum makes the tenant responsible for any damage the animal causes to the unit, common areas, landscaping, and other residents or visitors. Many addendums also require the tenant to carry renters insurance with liability coverage that includes pet-related incidents.²

That insurance requirement isn’t just paperwork. Dog bite claims averaged over $58,000 per incident in recent years. Standard renters policies typically include $100,000 in liability coverage, but some insurers exclude certain breeds or require a separate animal liability rider. Check your policy before signing. If your breed is excluded, you may need a standalone pet liability policy.

At the end of the tenancy, landlords can deduct pet-related damage from the deposit, but only for damage beyond normal wear and tear. If the damage exceeds the deposit, the landlord can pursue the difference. Addendums typically also include an indemnification clause requiring the tenant to defend and cover the landlord against lawsuits arising from the pet’s behavior.

Service Animals and ESAs Don’t Belong on the Addendum

Service animals and emotional support animals are not pets under California law, and a pet addendum is not the right document for them.² The federal Fair Housing Act³ and California’s Fair Employment and Housing Act require landlords to make reasonable accommodations for people with disabilities.⁴

Because these animals are classified as assistive tools rather than pets, landlords cannot charge pet deposits, pet rent, or pet fees for them.⁵ Breed restrictions, weight limits, and species bans that apply to standard pets don’t apply to assistance animals either. A landlord who enforces pet policies against a legitimate assistance animal is violating fair housing law, and the tenant can file a complaint with the California Civil Rights Department.⁶

The narrow exception: a landlord may deny an assistance animal if that specific animal poses a direct threat to health or safety that can’t be reduced through reasonable measures. A blanket breed ban doesn’t meet the standard. The threat has to be based on the individual animal’s actual behavior.

For ESAs, landlords may request documentation when the disability or the need for the accommodation isn’t obvious. That documentation must come from someone in a position to know about the individual’s disability, such as a healthcare provider, therapist, or social worker, and it must confirm that the individual has a disability and that the animal provides support related to it. The landlord cannot demand detailed diagnostic information.⁵

What AB 468 Requires of an ESA Letter

Since January 1, 2022, AB 468 has set specific requirements for any healthcare professional issuing an ESA letter in California. The provider must hold a valid, active license and include their license number, effective date, jurisdiction, and license type. They must be licensed where the client is located. And they must have an established client relationship of at least 30 days before writing the letter, plus a clinical evaluation of the person’s need for the animal.⁷

That 30-day rule effectively ended the market for instant online ESA letters in California. Pay $99, get a letter the same day from a provider you’ve never met, and the letter doesn’t comply with state law. Landlords receiving one of these have legitimate grounds to question it. Providers who issue non-compliant letters face discipline from their licensing board.⁷

AB 468 also imposes civil penalties for knowingly and fraudulently representing an emotional support dog as a service dog or for selling fraudulent ESA documentation: $500 for a first violation, $1,000 for a second, and $2,500 for each subsequent offense.⁸

What Happens If You Keep an Unauthorized Pet

Keeping a pet without a signed addendum, when your lease prohibits animals, is a breach. The landlord’s first step in California is typically a three-day notice to perform covenants or quit. The written notice describes the violation and gives you three days, excluding weekends and court holidays, to either remove the animal or move out.⁹

If your tenancy falls under the Tenant Protection Act (AB 1482), which covers most California rentals, the landlord must give you this chance to cure before escalating. Remove the pet within the three days and the tenancy continues.¹⁰ Don’t, and the landlord can serve a three-day notice to quit with no cure option, then file an unlawful detainer.

Some local ordinances require a cease-and-desist letter before the three-day notice even goes out.⁹ Sneaking a pet in is one of the easiest lease violations for a landlord to document. Getting the addendum signed before the animal moves in is the smarter path.

Signing and Keeping a Copy

Both landlord and tenant must sign and date the addendum for it to bind either side. California recognizes electronic signatures as legally equivalent to handwritten ones,¹¹ so signing through a platform like DocuSign is valid.

Once signed, the addendum should be physically stapled or digitally linked to the original lease so the two documents are treated as one agreement. The landlord must give the tenant a complete copy. Keep yours. If a new property manager or new owner later questions whether your pet was authorized, the signed addendum is your proof.

1
California Legislative Information. California Code CIV 1950.5
2
California Apartment Association. CAA Form of the Month: The Pet Addendum
3
Office of the Law Revision Counsel. 42 USC 3604
4
California Civil Rights Department. Emotional Support Animals and Fair Housing Law FAQ
5
Disability Rights California. Assistance Animals in Housing: Service Animals and Emotional Support Animals
6
California Civil Rights Department. Housing
7
California Board of Psychology. AB 486
8
California Legislative Information. Assembly Bill (AB) 468
9
California Courts. Types of Eviction Notices Tenants
10
California Legislative Information. California Code Civil Code 1946.2
11
California Department of General Services. Electronic Signatures, Electronic Transactions and Electronic Record Management Policy