What Is the Law on Renting to Pet Owners?

Yes, in most rentals you can refuse to rent to pet owners. Owning a pet is not a protected status under the federal Fair Housing Act, so you can ban pets or limit their number, species, size, or breed, and you can charge pet rent or a pet deposit where your state allows it. The limits come from state deposit caps, state pet-charge laws such as Colorado's, and local rules such as New York City's pet law. Assistance animals for people with disabilities are not pets under these rules, and a request to keep one goes through the reasonable accommodation process, not your pet policy.

Can you refuse to rent to someone because they have a pet?

Yes, as long as you apply the rule the same way to every applicant. State in the listing whether pets are allowed, so applicants with pets can screen themselves out before paying an application fee.

If you allow pets, put the policy in the lease or a pet addendum the tenant signs. A workable policy covers:

• Which animals are allowed, how many, and any weight or breed limits.
• Proof of local licensing and current rabies vaccination.
• Leash, noise, and waste rules for shared areas and the yard.
• Whether guests can bring pets, and for how long.
• Your charges, and what happens if the tenant gets an unapproved animal.

Enforce the policy as soon as you learn of a violation. In New York City, the pet law (NYC Admin. Code section 27-2009.1) treats a no-pets clause as waived for a pet the tenant keeps openly if you know about it and do not start a court proceeding within three months. In a January 2025 decision, an appeals court held that a co-op lost its right to enforce a pit bull ban this way, despite a "no waiver" clause in its proprietary lease, because it waited too long and could not prove the dog was a nuisance.

What can you charge for pets?

Landlords use three kinds of charges:

1. Pet deposit: a refundable amount you hold against pet damage and return, minus deductions, at move-out.
2. Pet fee: a one-time, nonrefundable charge.
3. Pet rent: a monthly amount added to the rent.

Whether each is allowed, and whether it counts toward a deposit cap, depends on your state. Three examples:

The California rule is Cal. Civ. Code section 1950.5, Colorado's is C.R.S. 38-12-106 (in effect since January 1, 2024), and Massachusetts's is M.G.L. chapter 186, section 15B.

Colorado example: for a $2,000 unit, 1.5% of rent is $30, which is below $35, so pet rent can be up to $35 a month. For a $3,200 unit, 1.5% is $48, so pet rent can be up to $48.

If your state caps security deposits, read how the statute defines "security." California's covers any fee or charge collected for that purpose "however denominated," so a $500 pet deposit on a $2,500 unit leaves $2,000 of room under the one-month cap. Pet damage beyond normal wear and tear is a normal deposit deduction under the same timing and itemization rules as other damage. For California's details, see California security deposit laws for landlords.

Can you limit dog breeds or sizes?

Yes, for pets, if you apply the limits to every pet owner. Some insurers will not cover a home where certain breeds considered dangerous are kept, such as pit bulls, while others decide case by case based on the individual dog's history. After a bite, an insurer can raise the premium, decline to renew, or exclude that dog from coverage. In 2025, homeowners insurers paid on 28,450 dog-related injury claims, at an average of $65,450 per claim.

Ask your insurer for its breed list and dog-bite terms in writing before you set your policy, and match the lease to it.

Colorado is different on the insurance side. Since January 1, 2024, Colorado homeowner's and dwelling fire insurers may not refuse, cancel, or raise rates on a policy because of the breed of dog kept at the home. They may still act on a specific dog known or declared to be dangerous. The law limits insurers, not landlords, so a Colorado landlord can still set breed rules, but the landlord's insurer cannot penalize the policy because of a tenant's dog's breed.

Are you liable if a tenant's dog bites someone?

Claims usually go against the dog's owner and the owner's insurance, but a landlord can also be liable in some cases. California courts hold a landlord liable to a person bitten by a tenant's dog only when the landlord actually knew the dog was dangerous and had the right to have it removed, for example by ending the tenancy. In a 2004 case, a lease that simply allowed a dog was not enough to make the landlord liable when the landlord knew of no prior attacks. Other states set their own standards, so check yours.

Steps that limit your exposure:

1. Require renters insurance with personal liability coverage, which typically pays dog-bite claims up to the policy limit, usually $100,000 to $300,000. See why you should require renters insurance.
2. Name each approved animal in the pet addendum.
3. Keep a lease clause that lets you require removal of an animal that bites or threatens people.
4. Act in writing on any bite or aggression report. Under the California standard, knowing about a dangerous dog you have the right to remove is what creates your duty, so a report you ignore works against you.

How do service and assistance animals fit in?

They are handled as a disability accommodation, an exception to your pet rules. HUD withdrew its 2013 and 2020 assistance animal notices on September 17, 2025. In a May 22, 2026 enforcement memo, HUD said:

• A request to waive pet rules for an animal individually trained to do work or tasks related to the person's disability is presumed reasonable.
• A request for an untrained emotional support animal is not presumed reasonable, and HUD will find cause on a complaint only when the animal is trained.
• HUD's position limits only its own enforcement. A tenant can still file a Fair Housing Act lawsuit in court within two years.

For an approved assistance animal, HUD and Justice Department guidance says you may not charge a pet fee or extra deposit as a condition of allowing it. You can charge for damage the animal causes, the same way you charge any tenant, including from the standard security deposit.

State law can require more. California's Civil Rights Department said in July 2026 that state law still requires landlords to accommodate emotional support animals, trained or not, including waiving no-pets rules, pet fees, and breed restrictions. Check your state's rules before you deny an emotional support animal request.

For documentation and denial standards, see how to handle accommodation requests and whether you can refuse to lease to a person with a disability.

A clear pet policy is one part of screening; see the qualities that make a good tenant.