Many states do not allow a landlord to collect any extra amount of money for a pet deposit. Most states treat a pet deposit as part of the security deposit. Some states do have separate and specific pet deposit laws, while others have no limit of any kind on deposits, including for pets.
| State | Maximum Pet Deposit |
|---|---|
| Alabama | No limit |
| Alaska | 1 month’s rent |
| Arizona | Total of all deposits cannot exceed: 2 months’ rent (mobile homes) 1 and 1/2 months’ rent (other housing types) |
| Arkansas | Total of all deposits cannot exceed: 2 months’ rent |
| California | Total of all deposits cannot exceed: 1 month’s rent (default) 2 months’ rent (mobile homes, OR small scale landlords where tenant isn’t a servicemember) +1 and 1/2 months’ rent when renting to a tenant with a waterbed |
| Colorado | Pet deposit cannot exceed $300 |
| Connecticut | Total of all deposits cannot exceed: 2 months’ rent (tenants under 62) 1 month’s rent (tenants 62 years old or older) |
| Delaware | 1 month’s rent |
| Florida | No limit |
| Georgia | Total of all deposits cannot exceed: 1 month’s rent |
| Hawaii | 1 month’s rent |
| Idaho | No limit |
| Illinois | No limit |
| Indiana | No limit |
| Iowa | Total of all deposits cannot exceed: 2 months’ rent |
| Kansas | ½ month’s rent |
| Kentucky | No limit |
| Louisiana | No limit |
| Maine | Total of all deposits cannot exceed: 3 months’ rent (mobile homes) 2 months’ rent (other housing types) |
| Maryland | Total of all deposits cannot exceed: 1 months’ rent (except in certain utility assistance tenancies) |
| Massachusetts | Total of all deposits cannot exceed: 1 month’s rent |
| Michigan | Total of all deposits cannot exceed: 1 and 1/2 months’ rent |
| Minnesota | No limit |
| Mississippi | No limit |
| Missouri | No limit |
| Montana | No limit |
| Nebraska | 1/4 of one month’s rent |
| Nevada | Total of all deposits cannot exceed: 3 months’ rent |
| New Hampshire | Total of all deposits cannot exceed: 1 month’s rent or $100, whichever is greater (not applicable to very small-scale landlords 1½ months’ rent |
| New Mexico | Total of all deposits cannot exceed: 1 month’s rent (leases shorter than 1 year) No limit (leases 1 year or longer) 1 month’s rent (standard mobile homes) 2 months’ rent (double-wide mobile homes) |
| New York | Total of all deposits cannot exceed: 1 month’s rent |
| North Carolina | Total of all deposits cannot exceed: Week-to-week: 2 weeks’ rent Month-to-month: 1 and 1/2 months’ rent Longer than month-to-month: 2 months’ rent Rentals only of a single room: no limit |
| North Dakota | $2,500 or 2 months’ rent, whichever is greater |
| Ohio | No limit |
| Oklahoma | No limit |
| Oregon | No limit |
| Pennsylvania | Total of all deposits cannot exceed: 2 months’ rent (during the first year of a lease) 1 month’s rent (leases that are renewed beyond the first year) |
| Rhode Island | Total of all deposits (except for furniture deposit) cannot exceed: 1 month’s rent |
| South Carolina | No limit |
| South Dakota | No limit |
| Tennessee | No limit |
| Texas | No limit |
| Utah | No limit |
| Vermont | No limit |
| Virginia | Total of all deposits cannot exceed: 2 months’ rent |
| Washington | No limit |
| Washington D.C. | Total of all deposits cannot exceed: 1 month’s rent |
| West Virginia | No limit |
| Wisconsin | No limit |
| Wyoming | No limit |
State laws regarding pet deposits fall into three categories:
- No limit to any deposit, including for pet-related matters
- Limit to the total security deposit, including things like pet deposits
- Specific limit to the amount a landlord may collect for a pet deposit
If a landlord collects a deposit identified as a “pet deposit,” the deposit must only be used for damage caused by the pet.
Can Landlords Collect Pet Deposits for Service or Emotional Support Animals?
No, landlords cannot collect a pet deposit from tenants with a service or emotional support animal. Landlords can collect a security deposit from any tenant, including those with service and support animals. If a tenant has an animal as part of a documented medical need, a landlord cannot collect any deposit specifically related to the keeping of a pet.
Furthermore, landlords must not collect a greater security deposit from a tenant with a service or emotional support animal than they collect from other tenants.
Sources
- 1 Alaska Stat. § 34.03.070(h)
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Notwithstanding the limitation on the amount of prepaid rent or security deposit in (a) of this section, a landlord may demand or receive an additional security deposit from a tenant who has a pet on the premises that is not a service animal. The additional security deposit(1) may not exceed the periodic rent for one month; and(2) shall be accounted for separately from prepaid rent or a security deposit received under (a) of this section and may be applied only to the amount of damages that are directly related to the pet of the tenant.
Source Link - 2 Ariz. Rev. Stat. § 33-1321(A)
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A landlord shall not demand or receive security, however denominated, including prepaid rent in an amount or value of more than one and one-half month’s rent. This subsection does not prohibit a tenant from voluntarily paying more than one and one-half month’s rent in advance.
Source Link - 3 Ariz. Rev. Stat. § 33-1431(A)
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A landlord shall not demand or receive as security, however denominated, prepaid rent in an amount or value in excess of two months’ rent. This subsection does not prohibit a tenant from voluntarily paying more than two months’ rent in advance.
Source Link - 4 Ark. Code § 18-16-304
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A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two (2) months periodic rent.
Source Link - 5 Ca. Civ. Code § 1950.5(c)(1)
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…a landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy.
Source Link - 6 Cal. Civ. Code § 1950.5(c)(4)
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(A) Notwithstanding paragraph (1), a landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to two months’ rent, in addition to any rent for the first month paid on or before initial occupancy if the landlord meets both of the following requirements:
(i) The landlord is a natural person or a limited liability company in which all members are natural persons.
(ii) The landlord owns no more than two residential rental properties that collectively include no more than four dwelling units offered for rent.
(B) Subparagraph (A) shall not apply if the prospective tenant is a service member. A landlord shall not refuse to enter into a rental agreement for residential property with a prospective tenant who is a service member because this subparagraph prohibits the landlord from demanding or receiving a greater amount of security than that which is established in paragraph (1). For purposes of this paragraph, “service member” has the same meaning as in Section 400 of the Military and Veterans Code.
Source Link - 7 Ca. Civ. Code § 798.39(a)
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The management [of a mobile home rental] may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an amount equal to two months’ rent that is charged at the inception of the occupancy, in addition to any rent for the first month. In no event shall additional security deposits be demanded of a homeowner following the initial occupancy.
Source Link - 8 Ca. Civ. Code § 1940.5(g)
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[When renting to a tenant with a waterbed,] an owner or owner’s agent is entitled to increase the security deposit on the dwelling unit in an amount equal to one-half of one months’ rent. The owner or owner’s agent may charge a tenant, lessee, or sublessee a reasonable fee to cover administration costs.
Source Link - 9 Colo. Rev. Stat. § 38-12-106(1) & (2)
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(1) A landlord shall not demand or receive an additional security deposit of more than three hundred dollars from a prospective or current tenant as a condition of permitting the tenant’s pet animal to reside at the residential premises with the tenant, and the security deposit must be refundable to the tenant.
(2) A landlord shall not demand or receive additional rent from a tenant as a condition of permitting the tenant’s pet animal to reside at the residential premises with the tenant in an amount that exceeds thirty-five dollars per month or one and one-half percent per month of the tenant’s monthly rent, whichever amount is greater.
Source Link - 10 Conn. Gen. Stat. § 47a-21(b)(1)
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In the case of a tenant under sixty-two years of age, a landlord shall not demand a security deposit in an amount that exceeds two months’ rent.(2) In the case of a tenant sixty-two years of age or older, a landlord shall not demand a security deposit in an amount that exceeds one month’s rent. Any landlord who has received a security deposit in an amount that exceeds one month’s rent from a tenant who becomes sixty-two years of age after paying such security deposit shall return the portion of such security deposit that exceeds one month’s rent to the tenant upon the tenant’s request.
Source Link - 11 Del. Code tit. 25 § 5514(i)
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(1) A landlord may require a pet deposit. Damage to the rental unit caused by an animal shall first be deducted from the pet deposit. Where the pet deposit is insufficient, such damages may be deducted from the security deposit. A pet deposit is subject to subsections (b), (e), (f), (g) and (h) of this section.
(2) No landlord may require a pet deposit in excess of 1 month’s rent, regardless of the duration of the rental agreement.
(3) A landlord may require an additional deposit from a tenant with a pet, but shall not require any pet deposit from a tenant if the pet is a duly certified and trained support animal for a disabled person who is a resident of the rental unit.
Source Link - 12 Ga. Code § 44-7-30.1
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No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months’ rent.
Source Link - 13 Haw. Rev. Stat. § 521-44(b)
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The landlord may require, as a condition of a rental agreement, a security deposit to be paid by or for the tenant for the items in subsection (a) and no others in an amount not in excess of a sum equal to one month’s rent, plus an amount agreed upon by the landlord and tenant to compensate the landlord for any damages caused by any pet animal allowed to reside in the premises pursuant to the rental agreement; provided that the additional security deposit amount for a pet animal under this subsection:
(1) Shall not be required:
(A) From any tenant who does not have a pet animal that resides in the premises; or
(B) For an assistance animal that is a reasonable accommodation for a tenant with a disability pursuant to section 515-3; and
(2) Shall be in an amount not in excess of a sum equal to one month’s rent.
Source Link - 14 Iowa Code § 562A.12(1)
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A landlord shall not demand or receive as a security deposit an amount or value in excess of two months’ rent.
Source Link - 15 Kan. Stat. § 58-2550(a)
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A landlord may not demand or receive a security deposit for an unfurnished dwelling unit in an amount or value in excess of one month’s periodic rent. If the rental agreement provides for the tenant to use furniture owned by the landlord, the landlord may demand and receive a security deposit not to exceed 11/2 months’ rent, and if the rental agreement permits the tenant to keep or maintain pets in the dwelling unit, the landlord may demand and receive an additional security deposit not to exceed 1/2 of one month’s rent. A municipal housing authority created under the provisions of K.S.A. 17-2337 et seq., and amendments thereto, which is wholly or partially subsidized by aid from the federal government, pursuant to a rental agreement in which rent is determined solely by the personal income of the tenant, may demand and receive a security deposit in accordance with a schedule established by the housing authority, which is based on the bedroom unit size of the dwelling unit. Any such municipal housing authority which establishes such a schedule shall provide a deferred payment plan whereby the tenant may pay the deposit in reasonable increments over a period of time.
Source Link - 16 Me. Stat. tit. 10 § 9098(1)
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No lessor of a mobile home park lot may require a security deposit greater than 3 months’ rent.
Source Link - 17 Me. Stat. tit. 14 § 6032
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A lease or tenancy at will agreement for a dwelling intended for human habitation may not require a security deposit equivalent to more than the rent for 2 months.
Source Link - 18 Md. Code, Real. Prop. § 8-203(b)
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(1) Except as provided in paragraph (2) of this subsection, a landlord may not impose a security deposit in excess of the equivalent of 1 month’s rent per dwelling unit, regardless of the number of tenants.
(2) A landlord may impose a security deposit in an amount equivalent to up to 2 months’ rent if:
(i) The tenant is eligible and has qualified for utility assistance through the Department of Human Services;
(ii) The lease agreement requires that the tenant make payments for utility services directly to the landlord; and
(iii) The tenant and landlord agree in writing to the amount of the security deposit.
(3) If a landlord violates paragraph (1) of this subsection, the tenant may recover up to three times the extra amount charged, plus reasonable attorney’s fees.
(4) An action under this section may be brought at any time during the tenancy or within 2 years after its termination.
Source Link - 19 Mass. Gen. Laws ch. 186 § 15B(1)(b)
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At or prior to the commencement of any tenancy, no lessor may require a tenant or prospective tenant to pay any amount in excess of the following:(i) rent for the first full month of occupancy; and,(ii) rent for the last full month of occupancy calculated at the same rate as the first month; and,(iii) a security deposit equal to the first month’s rent provided that such security deposit is deposited as required by subsection (3) and that the tenant is given the statement of condition as required by subsection (2)
Source Link - 20 Mich. Comp. Laws § 554.602
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A landlord may require a security deposit for each rental unit. A security deposit shall be required and maintained in accordance with the terms of this act and shall not exceed 1 1/2 months’ rent.
Source Link - 21 Neb. Rev. Stat. §§ 76-1416(1)
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A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month’s periodic rent, except that a pet deposit not in excess of one-fourth of one month’s periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing agencies organized or existing under the Nebraska Housing Agency Act.
Source Link - 22 Nev. Rev. Stat. § 118A.242(1) - (3)
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1. The landlord may not demand or receive a security deposit or a surety bond, or a combination thereof, including the last month’s rent, whose total amount or value exceeds 3 months’ periodic rent.
2. In lieu of paying all or part of the security deposit required by the landlord, a tenant may, if the landlord consents, purchase a surety bond to secure the tenant’s obligation to the landlord under the rental agreement to:
(a) Remedy any default of the tenant in the payment of rent.
(b) Repair damages to the premises other than normal wear and tear.
(c) Clean the dwelling unit.
3. The landlord:
(a) Is not required to accept a surety bond purchased by the tenant in lieu of paying all or part of the security deposit; and
(b) May not require a tenant to purchase a surety bond in lieu of paying all or part of the security deposit.
Source Link - 23 N.H. Rev. Stat. § 540-A:6(I)
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(a) A landlord shall not demand or receive any security deposit in an amount or value in excess of one month’s rent or $100, whichever is greater. Nothing in this section shall prohibit a landlord from entering into a written lease that requires the quarterly or less frequent payment of rent; provided, however, that the security deposit received in addition to the initial rent payment may not exceed the equivalent of one month’s rent.
(b) Except as provided in subparagraph (c), upon receiving a deposit from a tenant, a landlord shall forthwith deliver to the tenant a signed receipt stating the amount of the deposit and specifying the place where the deposit or bond for the deposit pursuant to RSA 540-A:6, II(c) will be held, and shall notify the tenant that any conditions in the rental unit in need of repair or correction should be noted on the receipt or given to the landlord in writing within 5 days of occupancy.
(c) No receipt shall be required when the tenant furnishes a security deposit in the form of a personal check, a bank check, or a check issued by a government or nonprofit agency on behalf of the tenant. Regardless of whether or not a receipt is required, the landlord shall provide written notice to the tenant that a written list of conditions in the rental unit in need of repair or correction, if any, should be given to the landlord within 5 days of occupancy.
Source Link - 24 N.H. Rev. Stat. § 540-A:5(I) & (II)
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I. “Landlord” means a person and his or its employees, officers or agents who rents or leases to another person a rental unit, including space in a manufactured housing park as regulated by RSA 205-A and in manufactured housing, for other than vacation or recreational purposes. A person who rents or leases a single-family residence and owns no other rental property or who rents or leases rental units in an owner-occupied building of 5 units or less shall not be considered a “landlord” for the purposes of this subdivision, except for any individual unit in such building which is occupied by a person or persons 60 years of age or older.
II. “Security deposit” means all funds in excess of the monthly rent which are transferred from the tenant to the landlord for any purpose.
Source Link - 25 N.J. Stat. § 46:8-21.2
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An owner or lessee may not require more than a sum equal to 1 1/2 times 1 month’s rental according to the terms of contract, lease, or agreement as a security for the use or rental of real property used for dwelling purposes. Whenever an owner or lessee collects from a tenant an additional amount of security deposit, the amount collected annually as additional security shall not be greater than 10 percent of the current security deposit.
Source Link - 26 N.M. Stat. § 47-8-18(A) & (B)
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A. An owner is permitted to demand from the resident a reasonable deposit to be applied by the owner to recover damages, if any, caused to the premises by the resident during his term of residency.
(1) Under the terms of an annual rental agreement, if the owner demands or receives of the resident such a deposit in an amount greater than one month’s rent, the owner shall be required to pay to the resident annually an interest equal to the passbook interest permitted to savings and loan associations in this state by the federal home loan bank board on such deposit.
(2) Under the terms of a rental agreement of a duration less than one year, an owner shall not demand or receive from the resident such a deposit in an amount in excess of one month’s rent.B. It is not the intention of this section to include the last month’s prepaid rent, which may be required by the rental agreement as a deposit as defined in Subsection D [E] of Section 47-8-3 NMSA 1978. Any deposit as defined in Paragraph (1) of Subsection A of this section shall not be construed as prepaid rent.
Source Link - 27 N.M. Stat. § 47-10-8
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The owner of a mobile home park or his agents may charge a security deposit not greater than the amount of one month’s rent or two months’ rent for multiwide units.
Source Link - 28 N.Y. Gen. Oblig. Law § 7-108(1-a)(a)
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No deposit or advance shall exceed the amount of one month’s rent, unless the deposit or advance is for a seasonal use dwelling unit as provided for in subdivisions four and five of this section, or unless the deposit or advance is for an owner-occupied cooperative apartment as provided for in subdivision six of this section.
Source Link - 29 N.C. Gen. Stat. § 42-51(b)
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The security deposit shall not exceed an amount equal to two weeks’ rent if a tenancy is week to week, one and one-half months’ rent if a tenancy is month to month, and two months’ rent for terms greater than month to month. These deposits must be fully accounted for by the landlord as set forth in G.S. 42-52.
Source Link - 30 N.C. Gen. Stat. § 42-56
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The provisions of this Article shall apply to all persons, firms, or corporations engaged in the business of renting or managing residential dwelling units, excluding single rooms, on a weekly, monthly or annual basis.
Source Link - 31 N.D. Cent. Code § 47-16-07.1(2)
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A lessor may charge a lessee a pet security deposit for keeping an animal that is not a service animal or companion animal required by a tenant with a disability as a reasonable accommodation under fair housing laws. A pet security deposit may not exceed the greater of two thousand five hundred dollars or an amount equivalent to two months’ rent.
Source Link - 32 68 Pa. Stat. § 250.511a
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(a) No landlord may require a sum in excess of two months’ rent to be deposited in escrow for the payment of damages to the leasehold premises and/or default in rent thereof during the first year of any lease.
(b) During the second and subsequent years of the lease or during any renewal of the original lease the amount required to be deposited may not exceed one month’s rent.
(c) If, during the third or subsequent year of a lease, or during any renewal after the expiration of two years of tenancy, the landlord requires the one month’s rent escrow provided herein, upon termination of the lease, or on surrender and acceptance of the leasehold premises, the escrow funds together with interest shall be returned to the tenant in accordance with sections 511.2 and 512.
(d) Whenever a tenant has been in possession of premises for a period of five years or greater, any increase or increases in rent shall not require a concomitant increase in any security deposit.
(e) This section applies only to the rental of residential property.
(f) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable.
Source Link - 33 R.I. Gen. Laws § 34-18-19(a) & (e)
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(a) A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month’s periodic rent.
…
(e) This section does not preclude any landlord who rents a furnished apartment from demanding or receiving a furniture security deposit if the replacement value of the furniture being furnished by the landlord valued at the time the lease is executed is five thousand dollars ($5,000) or greater, in which instance the landlord may charge a separate furniture security deposit of up to one month’s periodic rent.
- 34 Va. Code § 55.1-1226(A)
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No landlord may demand or receive a security deposit, however denominated, in an amount or value in excess of two months’ periodic rent. Upon termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, such security deposit, whether it is property or money held by the landlord as security as provided in this section, may be applied by the landlord solely to
(i) the payment of accrued rent, including the reasonable charges for late payment of rent specified in the rental agreement;
(ii) the payment of the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with § 55.1-1227, less reasonable wear and tear;
(iii) other damages or charges as provided in the rental agreement; or
(iv) actual damages for breach of the rental agreement pursuant to § 55.1-1251.
The security deposit and any deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due to the tenant, within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last. As of the date of the termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, the tenant shall be required to deliver possession of the dwelling unit to the landlord. If the termination date is prior to the expiration of the rental agreement or any renewal thereof, or the tenant has not given proper notice of termination of the rental agreement, the tenant shall be liable for actual damages pursuant to § 55.1-1251, in which case, the landlord shall give written notice of security deposit disposition within the 45-day period but may retain any security balance to apply against any financial obligations of the tenant to the landlord pursuant to this chapter or the rental agreement. If the tenant fails to vacate the dwelling unit as of the termination of the tenancy, the landlord may file an unlawful detainer action pursuant to § 8.01-126.
Source Link - 35 D.C. Mun. Regs. tit. 14, r. 14-308.2
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On or after February 20, 1976, any security deposit or other payment required by an owner as security for performance of the tenant’s obligations in a lease or rental of a dwelling unit shall not exceed an amount equivalent to the first full month’s rent charged that tenant for the dwelling unit, and shall be charged only once by the owner to the tenant.
Source Link
