Although California law allows landlords to enforce a specific pet policy in rental properties, it is not uncommon for tenants to attempt to sneak in unauthorized pets. With the recent spike in pet ownership during the COVID-19 pandemic, unauthorized pets may become an even more frequent issue for property owners and managers. Landlords can prepare for this situation by understanding the laws concerning pet policies and having a standard, predetermined procedure when unauthorized pets are discovered.
California Pet Laws
In California, a rental property’s pet policy is almost entirely under the landlord’s discretion.
Landlords can enforce a no-pet policy, or only allow certain pets, breeds, or sizes. They also can require an additional pet deposit as long as the total tenant deposit does not exceed two months of rent, as well as charge a monthly ‘pet rent’ fee on top the standard rent, although this fee may not exceed the rent limit in rent-controlled areas. Any pet’s residence may be revoked if it is reasonably determined that the animal is a significant threat to the property or the security of other tenants.
However, there are a few restrictions on pet policies to protect tenants and their pets. Landlords are not permitted to require pets to be declawed or devocalized and cannot discourage tenants with pets that are not declawed or devocalized.
Additionally, the federal Fair Housing Act offers protection for people with disabilities who require service animals. Under this legislation, tenants are always permitted to request a waiver of exemption from a no-pet policy, and this exemption must be fulfilled if the tenant can provide evidence of their disability and the animal’s supporting role. Additionally, service animals cannot be restricted by weight or breed so long as they aren’t considered a safety hazard for other residents, and landlords cannot charge any additional fees for these pets.
Unauthorized Pets
Above all, it is essential to have a pet policy clearly delineated in the property lease. This section should include both the pet policy and the procedure for the discovery of unauthorized animals. This provides a standard, non-discriminatory procedure and keeps the landlord legally protected. Of course, a tenant owning a pet that is not allowed on the property is an unauthorized pet. Additionally, any pet that is not properly registered or fails to follow any regulations of the pet policy is also considered unauthorized. Landlords can require the submission of relevant information about the pet, including name, weight, breed, and current vaccinations.
An unauthorized pet is a violation of the lease and can be treated as such. Following formal procedures is always recommended. Submit an official notice to the tenant requiring them to correct the violation within a certain amount of time, typically between 24 hours and one week, by removing the pet from the premises or registering it properly and paying any associated fees or deposits. Include in the notice that if the tenant does not comply, the landlord can decide to carry out the eviction process.
How does an unauthorized pet relate to the tenant’s security deposit in California? It was discovered that the tenant who just left my home had a dog staying at the house, and the lease that the tenant signed expressly prohibits pets of any kind on the premises. I have photos that can serve as evidence of the dog being there, as well as the tenant confessing it in a text message. In addition to the repairs for damage the dog did to the property, is the landlord entitled to keep the whole security deposit for this breach of the rental agreement?
did you ever get an answer on this, im in same situation
Same question here… wondering if fees can be charged retroactively and taken from security deposit after a pet was discovered at the time tenant leaves the property.
What can a landlord do if there is no pet policy in a lease? Some tenants originally moved in without pets, but over the years adopted them and now some are not cleaning up after them. Others are starting to complain. Thanks in advance.
Hello,
Thank you for your question. If the tenant in question is under a month-to-month tenancy, you can use our 30-day Notice of Change in Rental Terms (Form 570). Chapter 22 of our Real Estate Property Management book will offer further guidance on this matter. We hope this helps.
Best regards,
Editorial Staff
What are the rights of long-term tenants in rent-controlled units in Los Angeles in terms of pet policy? An apartment building was recently sold to a new owner over the summer. The new landlord is asking the long-term tenants to sign a new pet agreement — the previous building management company merely provided an email over three years ago confirming that the tenants could have a pet, which satisfied the requirements of the lease. Can the new owner draft a new pet agreement that makes it easier to raise the rent and evict the long-term tenants (by demanding monthly inspections wherein all observed damage will be added to the rent and paid “promptly” — and any default of the agreement would lead to a 3-day notice of eviction)? What if the long-term tenants refuse to sign the new pet agreement?
How does this work in the midst of the eviction ban, Currently extended until September 30 2021?
Dear Carter,
Thank you for your question! California’s eviction moratorium applies to evictions due to nonpayment of rent. Thus, when the tenant breaches a nonmonetary term of the lease or rental agreement during the eviction moratorium, such as for performance issues other than rent, the landlord continues to use a Three-Day Notice to Perform to start the termination of the tenancy. [See RPI Form 576 and 576-1]
Read the latest on the eviction moratorium here: Moratorium Watch