Pet addendum (LA / California)
Legal advice recommended before use.
A pet addendum sets clear terms for a tenant's pet without accidentally violating California's security deposit cap. Under Civil Code §1950.5, as amended by AB 12, any pet deposit counts toward — not on top of — the one-month total security cap. This addendum also flags that legitimate service and support animals are not "pets" for fee purposes under the Fair Employment and Housing Act (Gov. Code §12955) and cannot be charged a pet deposit or pet rent.
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Frequently asked questions
Can my LA landlord charge a separate pet deposit on top of my regular security deposit?
Not beyond the overall cap. Cal. Civil Code §1950.5, as amended by AB 12, treats a pet deposit as part of total "security" — the combined total of every deposit collected (regular, pet, key) is capped at one month's rent for most landlords.
Is monthly pet rent legal in California?
Generally yes, since it functions as rent rather than a deposit, as long as it's disclosed in the lease or this addendum. It is not subject to the deposit cap.
Can a landlord charge a pet deposit for a service or emotional-support animal?
No. Under Cal. Gov. Code §12955 and federal fair housing law, a legitimate service or support animal is not treated as a pet for fee purposes — no pet deposit or pet rent may be charged, though the tenant remains responsible for actual damage the animal causes.
What happens if the pet causes damage beyond normal wear and tear?
It's deductible from the security deposit the same way any other tenant-caused damage is — itemized, documented, and subject to the same 21-day return and photo-documentation (AB 2801) rules as any other deduction.
Can a landlord require the pet be removed?
Yes, generally after written notice and a reasonable opportunity to cure a nuisance or violation, consistent with the lease's default provisions — this addendum should specify that process rather than allow immediate removal without notice.
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