Legal Question in Landlord & Tenant Law in California

I live in California and have an emotional support animal. Ive lived at my residence for 2+ yeas. My landlord has a no pet policy but has now agreed to let me have my cat. My doctor wrote a ESA letter stating my condition. My landlord is now wanting to charge me an additional $500 security deposit. They are saying it is an additional deposit not a pet deposit. That is not true, i wouldn't have to pay an additional deposit if I didn't have a cat. Isn't this against the fair housing act?


Asked on 9/29/16, 8:37 pm

1 Answer from Attorneys

A landlord can require a deposit of up to two times the rent. If a tenant is on a month-to-month, or a lease is coming up for renewal a landlord can increase the deposit if it is less than that maximum, either because a lesser deposit was previously required, or because of a rent increase. A landlord can do that regardless of whether you have a pet, a support animal, or for no reason at all. HOWEVER, the landlord cannot treat a tenant with an emotional support animal differently than other tenants. So if the landlord raises the deposit on all tenants, you aren't immune due to your animal. If he does not raise it on all tenants or at least without regard to animals, then it is illegal. If he only owns your unit, then you get into a situation of having to prove it was retaliatory, which can be easier said than done.

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Answered on 9/30/16, 8:55 am


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