Lease clauses › Pet deposit clause
Pet deposit clause
A pet deposit clause permits the tenant to keep one or more animals at the premises in exchange for additional security, monthly pet rent, or a one-time fee. In 2026 it should also carry the disclosure that emotional-support and service animals are exempt under the Fair Housing Act and do not trigger any pet charge.
Three different pet charges
| Charge | Refundable? | Typical amount (2026) |
|---|---|---|
| Pet deposit | Yes — less damages | $200–$500 per pet |
| Pet fee (non-refundable) | No | $150–$400 per pet |
| Pet rent | No — monthly | $25–$75 per pet / month |
Example wording
Breed, weight and ESA rules
- Breed restrictions — many landlords prohibit pit bulls, Rottweilers, Dobermans, Akitas and wolf-hybrids. Some insurers require it.
- Weight cap — commonly 25–50 lbs in multi-unit buildings.
- Service & assistance animals — under the federal Fair Housing Act a landlord cannot charge a pet deposit, pet rent or apply breed/weight limits to a qualified service animal or emotional support animal with proper documentation.
- California — AB 2216 (effective 2025) limits breed-based denials in certain covered rentals.
India practice
Most Indian rental agreements in Mumbai, Pune, Bengaluru and Delhi-NCR include a no-pet clause by default. Where pets are allowed, a one-time refundable pet deposit of Rs 5,000–20,000 is typical, though pet rent is uncommon. Housing-society by-laws may override what the lease allows — always check the society rulebook.
FAQs
Is a pet deposit refundable?
It depends on how the clause is written. A refundable pet deposit is returned at move-out less any pet-caused damage. A non-refundable "pet fee" is kept regardless. Several states (California, Massachusetts) treat any money labelled a deposit as refundable by statute, so non-refundable pet fees are invalid there.
How much can a landlord charge for a pet deposit?
In most US states there is no separate pet-deposit cap, but the total of security plus pet deposit cannot exceed the state security-deposit cap (one month in California since July 2024, two months in Virginia, no cap in Texas or Florida). Typical range in 2026 is $200–$500 per pet.
Can a landlord charge pet rent in addition to a pet deposit?
Yes in most states. Pet rent is an ongoing monthly charge (typically $25–$75) to cover wear and tear. It is separate from a refundable deposit and is not refunded at move-out.
Related: Security deposit clause · Maintenance clause · Generate a lease