Pet Deposit Limits by State
Find out how much your landlord can charge for a pet deposit, whether pet rent is allowed, and what protections exist for service animals and emotional support animals in your state. Select your state below to see the rules that apply to you.
Look Up Your State's Pet Deposit Rules
Disclaimer: This is general information, not legal advice. Pet deposit laws change frequently. Consult a local attorney or tenant rights organization for advice specific to your situation.
Pet Deposit Rules by State: Quick Reference
Click any state to see detailed pet deposit rules, tenant rights, and landlord obligations. States are color-coded by how their laws categorize pet deposits.
| State | Pet Deposit Rule | Security Deposit Cap | Pet Rent? | Non-Refundable Fee? | Breed Restrictions? |
|---|---|---|---|---|---|
| Alabama (AL) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Alaska (AK) | Part of security deposit (max 2 months' rent) | 2 months' rent | Yes | Yes | Allowed |
| Arizona (AZ) | Part of security deposit (max 1.5 months' rent) | 1.5 months' rent | Yes | Yes | Allowed |
| Arkansas (AR) | Part of security deposit (max 2 months' rent) | 2 months' rent | Yes | Yes | Allowed |
| California (CA) | No separate pet deposit allowed (part of security deposit cap) | 1 month's rent (unfurnished) / 2 months' (furnished) | No | No | Allowed |
| Colorado (CO) | No statutory limit on pet deposit specifically | No statutory limit | Yes | Yes | Banned |
| Connecticut (CT) | Part of security deposit (max 2 months' rent, 1 month for 62+) | 2 months' rent (1 month for tenants 62+) | Yes | No | Allowed |
| Delaware (DE) | Part of security deposit (max 1 month's rent) | 1 month's rent | Yes | No | Allowed |
| District of Columbia (DC) | Part of security deposit (max 1 month's rent) | 1 month's rent | Yes | No | Banned |
| Florida (FL) | No statutory limit | No statutory limit | Yes | Yes | Banned |
| Georgia (GA) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Hawaii (HI) | Part of security deposit (max 1 month's rent) | 1 month's rent | Yes | No | Allowed |
| Idaho (ID) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Illinois (IL) | Part of security deposit (max 1.5 months' rent) | 1.5 months' rent | Yes | No | Allowed |
| Indiana (IN) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Iowa (IA) | Part of security deposit (max 2 months' rent) | 2 months' rent | Yes | No | Allowed |
| Kansas (KS) | Separate pet deposit max 1 additional month's rent | 1 month's rent (unfurnished) / 1.5 months' (furnished) | Yes | No | Allowed |
| Kentucky (KY) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Louisiana (LA) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Maine (ME) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Maryland (MD) | Part of security deposit (max 2 months' rent) | 2 months' rent | Yes | No | Allowed |
| Massachusetts (MA) | No separate pet deposit allowed (part of security deposit cap) | 1 month's rent | No | No | Allowed |
| Michigan (MI) | Part of security deposit (max 1.5 months' rent) | 1.5 months' rent | Yes | No | Allowed |
| Minnesota (MN) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Mississippi (MS) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Missouri (MO) | Part of security deposit (max 2 months' rent) | 2 months' rent | Yes | No | Allowed |
| Montana (MT) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Nebraska (NE) | Separate pet deposit max 1/4 month's rent | 1 month's rent (no pets) / 1.25 months' (with pets) | Yes | No | Allowed |
| Nevada (NV) | Part of security deposit (max 3 months' rent) | 3 months' rent | Yes | Yes | Allowed |
| New Hampshire (NH) | Part of security deposit (max 1 month's rent or $100, whichever is greater) | 1 month's rent or $100 (whichever is greater) | Yes | No | Allowed |
| New Jersey (NJ) | Part of security deposit (max 1.5 months' rent) | 1.5 months' rent | Yes | No | Allowed |
| New Mexico (NM) | Part of security deposit (max 1 month's rent) | 1 month's rent (for leases 1 year+) | Yes | No | Allowed |
| New York (NY) | No separate pet deposit allowed (part of security deposit cap) | 1 month's rent | No | No | Allowed |
| North Carolina (NC) | Separate pet deposit allowed (reasonable amount) | 1.5 months' rent (week-to-week: 2 weeks) / 2 months' (month-to-month) | Yes | Yes | Allowed |
| North Dakota (ND) | Separate pet deposit max 1 additional month's rent (or $2,500) | 1 month's rent (or $2,500 if greater) | Yes | No | Allowed |
| Ohio (OH) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Oklahoma (OK) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Oregon (OR) | No statutory limit (but part of total deposit if refundable) | No statutory limit | Yes | Yes | Allowed |
| Pennsylvania (PA) | Part of security deposit (max 2 months' rent first year, 1 month after) | 2 months' rent (first year) / 1 month's rent (subsequent years) | Yes | No | Allowed |
| Rhode Island (RI) | Part of security deposit (max 1 month's rent) | 1 month's rent | Yes | No | Allowed |
| South Carolina (SC) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| South Dakota (SD) | Part of security deposit (max 1 month's rent, or 2 months if special conditions) | 1 month's rent | Yes | No | Allowed |
| Tennessee (TN) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Texas (TX) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Utah (UT) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Vermont (VT) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Virginia (VA) | Part of security deposit (max 2 months' rent) | 2 months' rent | Yes | No | Allowed |
| Washington (WA) | No statutory limit (separate from security deposit) | No statutory limit | Yes | Yes | Allowed |
| West Virginia (WV) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
| Wisconsin (WI) | No statutory limit (but non-refundable fees banned) | No statutory limit | Yes | No | Allowed |
| Wyoming (WY) | No statutory limit | No statutory limit | Yes | Yes | Allowed |
What Is a Pet Deposit?
A pet deposit is a sum of money that a landlord collects from a tenant who has a pet, intended to cover potential damage the pet may cause to the rental unit. Pet deposits are distinct from security deposits (which cover general damage), pet fees (typically non-refundable one-time charges), and pet rent (recurring monthly charges for having a pet on the premises).
How pet deposits are regulated varies significantly by state. Some states like California, New York, and Massachusetts prohibit landlords from charging any separate pet deposit — all charges must fall within the general security deposit cap. Other states like Kansas, Nebraska, and North Dakota explicitly allow a separate pet deposit with its own statutory limit. And many states have no specific pet deposit statute at all, leaving landlords free to charge whatever amount the market will bear.
Pet Deposit vs. Pet Fee vs. Pet Rent
Pet deposit is a refundable sum held by the landlord and returned (minus deductions for actual pet damage) when you move out. In states that require all deposits to be refundable, pet deposits must follow the same rules as security deposits.
Pet fee is a one-time, non-refundable charge for the privilege of having a pet. Not all states allow non-refundable pet fees. States like California, New York, Massachusetts, Connecticut, Hawaii, Iowa, Michigan, and Wisconsin prohibit non-refundable deposits or fees.
Pet rent is a recurring monthly charge (typically $25-$75/month) added to your base rent for each pet. Most states allow pet rent, but California, New York, and Massachusetts are notable exceptions where additional monthly pet charges are prohibited or severely restricted.
Service Animals and Emotional Support Animals
Under the federal Americans with Disabilities Act (ADA), landlords cannot charge pet deposits, pet fees, or pet rent for service animals in any state. Service animals are not considered pets — they are medical equipment. This applies to all 50 states and DC regardless of state law.
Emotional support animals (ESAs) are protected under the Fair Housing Act (FHA), which requires landlords to make reasonable accommodations for tenants with disabilities. This means landlords generally cannot charge pet deposits or fees for verified ESAs. After the 2020 HUD guidance update, landlords may request documentation from a licensed healthcare provider confirming the tenant's disability-related need for the animal, but cannot require specific registrations or certifications from online ESA registries.
Some states have enacted additional ESA protections or anti-fraud measures. Florida, for example, has penalties for fraudulent ESA documentation. Colorado and New York have their own state-level ESA accommodation requirements that may provide stronger protections than federal law alone.
Frequently Asked Questions
Can my landlord charge a pet deposit and a pet fee?
It depends on your state. In states like California, New York, and Massachusetts, landlords cannot charge any separate pet deposit or fee — all charges must be within the security deposit cap. In most other states, landlords can charge a refundable pet deposit, a non-refundable pet fee, or both, as long as the total does not exceed any applicable security deposit cap. Always check whether your state counts pet deposits toward the security deposit limit.
Is my pet deposit refundable?
In many states (California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kansas, Maryland, Massachusetts, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Pennsylvania, Rhode Island, South Dakota, Virginia, Wisconsin), all deposits — including pet deposits — must be refundable, minus deductions for actual damages beyond normal wear and tear. In states that allow non-refundable fees, a "pet fee" labeled as non-refundable is not returned, but a "pet deposit" labeled as refundable must be returned per the same rules as a security deposit.
Can my landlord charge a deposit for my service animal?
No. Under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), service animals are not considered pets. Landlords cannot charge any pet deposit, pet fee, or pet rent for a service animal in any US state. They also cannot impose breed or weight restrictions on service animals. If your landlord attempts to charge you, you can file a complaint with HUD or your state's fair housing agency.
What about emotional support animals (ESAs)?
Under the Fair Housing Act, landlords must make reasonable accommodations for emotional support animals, which generally means they cannot charge pet deposits or fees for verified ESAs. The tenant must provide documentation from a licensed healthcare provider confirming the disability-related need. Unlike service animals, ESAs do not have public access rights under the ADA — their protections are limited to housing under the FHA. Landlords may deny an ESA request if the specific animal poses a direct threat to safety or would cause substantial property damage that cannot be mitigated.
Can my landlord ban specific dog breeds?
In most states, yes — landlords can restrict or ban specific breeds (often pit bulls, Rottweilers, Dobermans, and other breeds perceived as aggressive). However, some states and jurisdictions have banned breed-specific legislation (BSL). Colorado banned breed-specific restrictions statewide in 2024. Florida has banned breed-specific legislation since 1990. Washington DC also prohibits breed discrimination. Even in states that allow breed restrictions, landlords cannot restrict service animals based on breed.
What can a landlord deduct from my pet deposit?
Landlords can typically deduct for actual pet damage beyond normal wear and tear. This includes things like scratched hardwood floors, chewed door frames, stained carpets from pet accidents, and flea treatment costs. Normal wear from a pet (minor carpet wear from foot traffic, for example) generally cannot be deducted. Most states require landlords to provide an itemized list of deductions within a specified timeframe (usually 14-30 days after move-out). If your landlord wrongfully withholds your deposit, many states allow you to recover double or triple damages.
How much is a typical pet deposit?
In states with no statutory limit, pet deposits typically range from $200 to $500 per pet. Non-refundable pet fees are usually $150 to $400. Monthly pet rent ranges from $25 to $75 per pet. Some luxury apartments charge higher amounts. In states with deposit caps, the pet deposit is limited to whatever room remains under the security deposit ceiling. For example, in a California apartment renting for $2,000/month, the total security deposit (including any amount intended to cover pet damage) cannot exceed $2,000.