Some states do not specify limits on pet deposits. Other states have specific pet deposit limits, or include pet deposits into their security deposit limit laws.
| State | Maximum Pet Deposit |
|---|---|
| Alabama | No limit |
| Alaska | 1 month’s rent |
| Arizona | Total of all deposits cannot exceed: 2 months’ rent (mobile homes) 1½ months’ rent (other housing types) |
| Arkansas | Total of all deposits cannot exceed: 2 months’ rent |
| California | Total of all deposits cannot exceed: 2 months’ rent (unfurnished) 3 months’ rent (furnished) Minus one month’s rent for an active service member |
| 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 | No limit |
| 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: 2 months’ rent |
| Massachusetts | Total of all deposits cannot exceed: 1 month’s rent |
| Michigan | Total of all deposits cannot exceed: 1½ months’ rent |
| Minnesota | No limit |
| Mississippi | No limit |
| Missouri | No limit |
| Montana | No limit |
| Nebraska | ¼ 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 |
| New Jersey | Total of all deposits cannot exceed: 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: 1½ months’ rent Longer than month-to-month: 2 months’ rent |
| 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 Except only 1 month’s rent for leases that are renewed beyond the 1st year |
| Rhode Island | Total of all deposits 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 the pet deposit or any other security deposit
- Limit to the total security deposit, which must include the pet deposit
- Specific limit to the pet deposit
If a landlord collects a deposit and specifically identifies it as a “pet deposit,” the deposit must only be used for damage caused by the pet.
Pet deposits are in most cases legally distinct from pet rent. For example, in Colorado, a pet deposit is capped at $300, but a landlord can, indefinitely, charge pet rent of $35/month or 1.5% of the total monthly rent (whichever is greater).
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. However, landlords can collect a security deposit from any tenant, including those with service and support animals.
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.
However, if a service or emotional support animal causes damage to a rental unit, the landlord can deduct the cost of the damages from the security deposit.
