Pet Deposits by State: What Landlords Can Charge and How Much

What landlords charge for pet deposits varies widely by state, and some states cap the amount while others don't limit it at all

Pet deposit rules fall into three categories: states with a legal cap on the amount, states that allow landlords to charge whatever they want, and a small group of states that ban pet deposits entirely but allow pet fees instead. Where you live determines which rules apply to your lease. A few states also tie pet deposit limits to the regular security deposit, so knowing your state's security deposit law matters too.

The difference between a pet deposit and a pet fee is important: a deposit is refundable if your pet causes no damage, while a fee is non-refundable. Some states allow both; some allow only one. Your lease should spell out which one you're paying, but the state law sets the floor for what's actually allowed.

Key Takeaways

• California, Florida, Illinois, New York, and Texas cap pet deposits at one month's rent or less, while many other states have no legal limit.
• Some states distinguish between pet deposits (refundable) and pet fees (non-refundable), and allow landlords to charge both.
• A handful of states ban pet deposits but allow non-refundable pet fees, so the total cost to you may be the same even if the category changes.
• Your lease should state whether you're paying a deposit or a fee, and what conditions would result in the landlord keeping the money.
• State law overrides what a lease says, so if your lease violates your state's pet deposit rules, the state law applies instead.

States with pet deposit caps

California limits pet deposits to one month's rent, the same as the security deposit cap. The deposit must be refundable, and the landlord can deduct only for actual damage caused by the pet — not for normal wear or cleaning.

Florida allows pet deposits up to one month's rent but does not cap pet fees, so a landlord can charge both a refundable deposit and a non-refundable fee. The deposit is refundable only if the pet causes no damage.

Illinois caps pet deposits at one-half month's rent. The deposit is refundable if there is no pet-related damage. Illinois also allows non-refundable pet fees with no cap, so landlords often charge both.

New York does not set a dollar cap on pet deposits but requires them to be refundable. The landlord can deduct only for actual damage, not for odor removal or routine cleaning. New York also allows non-refundable pet fees.

Texas does not cap pet deposits by dollar amount, but the deposit must be refundable. However, Texas allows landlords to charge a non-refundable pet fee with no limit, which is how most Texas landlords structure pet costs.

Other states with caps include Colorado (one-half month's rent), Georgia (one month's rent), Massachusetts (one month's rent), Minnesota (refundable only, no specific cap), Missouri (one month's rent), Nevada (one month's rent), and Oregon (one month's rent). Some of these also allow non-refundable pet fees on top of the deposit.

States with no pet deposit limit

Most states do not cap pet deposits by law, meaning landlords can charge any amount they negotiate into the lease. This includes Arizona, Connecticut, Delaware, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Mississippi, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

In these states, the pet deposit is whatever you and the landlord agree to. Some landlords charge $200 to $500 per pet; others charge more. The lease should state whether the deposit is refundable. If the lease is silent, state law may require it to be refundable, but this varies — check your state's landlord-tenant statute or contact your local housing authority to confirm.

Even without a state cap, some cities or counties impose their own limits. San Francisco, for example, caps pet deposits at one month's rent even though California's state law also does. Always check local ordinances in addition to state law.

States that ban pet deposits but allow pet fees

Hawaii prohibits refundable pet deposits but allows non-refundable pet fees. This means you pay a flat fee that the landlord keeps regardless of whether your pet causes damage.

Iowa bans pet deposits but allows non-refundable pet fees. The fee is not refundable even if your pet causes no damage.

In these states, the total cost to you may be similar to a deposit-plus-fee structure elsewhere, but you have no chance of getting money back. The lease should clearly state that the pet fee is non-refundable.

How pet deposits differ from security deposits

A security deposit covers damage to the rental unit itself — walls, flooring, appliances. A pet deposit covers damage caused by a pet — scratches on doors, stains on carpet, damage to flooring. Some states allow landlords to deduct from the security deposit for pet damage; others require a separate pet deposit for that purpose.

In states that cap security deposits, the pet deposit cap is often separate. For example, California caps the security deposit at one month's rent and the pet deposit at one month's rent, so a landlord could theoretically collect two months' rent in deposits. However, the total cannot exceed what the state allows for all deposits combined, so check your state's full security deposit law.

Both deposits should be returned within a set timeframe — usually 30 to 45 days after you move out — along with an itemized list of deductions. If a landlord keeps money from either deposit without providing an itemized accounting, that is a violation in most states.

What happens if your landlord violates pet deposit rules

If your landlord charges more than your state allows, keeps a refundable deposit without itemizing deductions, or charges a non-refundable fee in a state that bans them, you have options. Document what you paid and when, keep a copy of your lease, and photograph any pet-related damage before you move in and after you move out.

Contact your local housing authority or tenant rights organization to report the violation. Many states allow tenants to sue for the wrongful deposit amount plus penalties — sometimes double or triple the amount taken. Small claims court is often the fastest route if the amount is within your state's small claims limit, usually $5,000 to $10,000.

If you are still renting from the landlord, report the violation before moving out if possible, because retaliation for reporting is illegal in most states — though proving retaliation can be difficult. If you have already moved, you can still file a claim, but you will need to initiate it yourself.

Questions to ask before signing a lease with a pet

Before you sign, ask the landlord in writing whether the pet charge is a deposit or a fee, and whether it is refundable. Ask what specific damage or conditions would result in a deduction or forfeiture. Ask whether the pet deposit is separate from the security deposit or counted as part of it. Ask how long after move-out you will receive the refund and the itemized deduction list.

Get the answer in writing — an email from the landlord counts — so you have proof if there is a dispute later. If the lease says one thing and the landlord says another, the written lease controls, but state law overrides both if the lease violates it.

Frequently Asked Questions

Can a landlord charge a pet deposit and a pet fee at the same time?

Yes, in most states. The deposit is refundable if there is no pet damage; the fee is non-refundable. However, a few states ban pet deposits entirely and allow only fees. Check your state's law to see what combination is allowed where you live.

Is a pet deposit refundable if my pet doesn't cause any damage?

In states that cap pet deposits, yes — the deposit must be refundable if there is no damage. In states with no cap, it depends on what the lease says and what state law requires. If the lease does not specify, contact your local housing authority to learn whether your state presumes deposits are refundable.

What counts as pet damage that a landlord can deduct from the deposit?

Actual damage caused by the pet — scratches on doors, stains on carpet, holes in walls, damage to flooring. Normal wear and tear, odor removal, and routine cleaning usually cannot be deducted. If the landlord deducts for cleaning or odor, ask for an itemized receipt showing the actual cost.

Can a landlord charge a pet deposit for an emotional support animal or service dog?

No. Under federal fair housing law, landlords cannot charge pet deposits or pet fees for service animals or, in most cases, for emotional support animals with documentation. However, the landlord can still charge for damage the animal causes. Check your state and local laws, as some provide additional protections.

What should I do if a landlord won't return my pet deposit?

Request an itemized accounting in writing and give the landlord 10 to 15 days to respond. If they don't, file a complaint with your local housing authority or tenant rights organization. You can also file in small claims court for the deposit amount plus penalties, which many states allow if the landlord violated the law.