Legal Question in Landlord & Tenant Law in California

Pet Rent

I am a pet owner and in my search for an apartment I find some require a separate or higher deposit for pets. I've also found some places have, in addition to the deposit, a higher rent per month which they call ''pet rent.'' Is this legal? Is charging higher rent for more than one person legal?


Asked on 7/24/03, 7:29 pm

1 Answer from Attorneys

Re: Pet Rent

It is legal to charge a higher or separate deposit for a pet, although it is better for the landlord to make it all one deposit in the higher amount. Unless your locality has rent control, it is legal for the landlord to charge whatever rent he can get a tenant to pay.

However, it is not legal for a landlord to charge a higher rent or a higher deposit for a service animal for a disabled person. Your question asked about a pet, and a service animal is not considered a pet.

Charging a higher rent for more than one person could be questionable. Depending on how the policy was applied, it might be illegal discrimination on the basis of familial status. Familial status is the presence of one or more children under the age of 18.

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Answered on 7/25/03, 1:32 pm


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