Tracker · Updated October 2026
Pet rent and pet deposit laws by state: limits, fees and emotional support animal rules
At least six states set their own limit on pet deposits, from Colorado's flat $300 to North Dakota's $2,500 or two months' rent. Colorado is the only state we found that caps pet rent, at $35 a month or 1.5% of rent, whichever is greater. Federal fair housing rules still bar pet charges for assistance animals, though HUD withdrew its 2020 guidance in 2025.
Key findings
- At least six states set a specific pet deposit limit, from $300 in Colorado to $2,500 or two months' rent in North Dakota.
- Colorado caps pet rent at $35 a month or 1.5% of monthly rent, whichever is greater, so the cap rises only above $2,333 rent.
- At North Dakota's median rent of $894, the $2,500 pet deposit limit equals 2.8 months of rent.
- Washington, DC enacted a 15% pet deposit cap and a 1% pet rent cap in 2025, but the DC Code marks both "Not Funded", so they are not in effect.
- Nevada allows the highest general security deposit of the 24 states we checked, three months of rent, or $4,527 at its median rent.
- HUD withdrew its 2020 assistance animal guidance effective September 17, 2025; the Fair Housing Act regulation on reasonable accommodations still applies.
- Hawaii, Delaware, North Dakota and Oregon bar pet deposits for assistance animals in their own statutes.
- In HUD-subsidized elderly and disabled housing, a pet deposit is built up from at most $50 at move-in plus $10 a month.
- California's AB 2216, which would have barred pet rent on new leases, died in 2024. AB 2609, capping pet rent at 1% and pet deposits at 15% of rent, stalled in 2026.
Pet deposit limits by state
At least six states put a specific limit on pet deposits in their landlord-tenant statutes. Colorado caps the extra deposit at $300 and requires it to be refundable.
Nebraska allows a pet deposit of up to a quarter of a month's rent, and Kansas up to half a month. Delaware and Hawaii allow up to one month's rent.
North Dakota allows the most, up to $2,500 or two months' rent, whichever is greater. At the state's median contract rent of $894, that limit is $2,500, or 2.8 months of rent.
Limits read from state statutes, October 2026. Dollar values are our calculation at each state's median contract rent (Census ACS 2024 1-year, table B25058).
Show the numbers
| Label | $ |
|---|---|
| North Dakota (greater of $2,500 or 2 months) | $2,500 |
| Hawaii (1 month) | $1,797 |
| Delaware (1 month) | $1,334 |
| Kansas (half a month) | $435.50 |
| Colorado ($300 flat) | $300 |
| Nebraska (a quarter of a month) | $236.50 |
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| State | Pet deposit rule | Pet rent rule | Assistance animals | Statute | Status |
|---|---|---|---|---|---|
| Colorado | $300 extra deposit, must be refundable | Greater of $35 a month or 1.5% of monthly rent | HB26-1045 (in effect August 12, 2026) adds assistance animal rules; no fee clause | C.R.S. 38-12-106 (HB23-1068) | In force since January 1, 2024 |
| Delaware | Up to 1 month's rent | Not addressed | No pet deposit for a certified, trained support animal | 25 Del. C. 5514(i) | In force |
| Hawaii | Up to 1 month's rent, on top of the 1-month deposit | Not addressed | No pet deposit for an assistance animal | HRS 521-44(b) | In force |
| Kansas | Up to half a month's rent, on top of the deposit cap | Not addressed | Not addressed in this section | K.S.A. 58-2550(a) | In force |
| Nebraska | Up to a quarter of a month's rent, on top of the 1-month cap | Not addressed | Not addressed in this section | Neb. Rev. Stat. 76-1416(1) | In force |
| North Dakota | Up to the greater of $2,500 or 2 months' rent | Not addressed | No pet deposit for a service or companion animal needed as an accommodation | N.D.C.C. 47-16-07.1(2) | In force |
| Alabama | Excluded from the 1-month cap; no pet limit stated | Not addressed | Not addressed in this section | Ala. Code 35-9A-201(a) | In force |
| Missouri | Not counted as a security deposit, so outside the 2-month cap | Not addressed | Not addressed in this section | RSMo 535.300 | In force |
| North Carolina | Reasonable nonrefundable pet fee allowed | Not addressed | Not addressed in this section | G.S. 42-53 | In force |
| Georgia | Pet deposits count as security deposits; nonrefundable fees do not | Not addressed | Not addressed in this section | O.C.G.A. 44-7-30 | In force |
| Oregon | Extra deposit allowed when a pet is added mid-tenancy | Not addressed | No pet deposit for a service or companion animal needed as an accommodation | ORS 90.300 | In force |
| Maryland | Pet fees and deposits must be disclosed | Monthly pet fees must be disclosed | Not addressed | Real Prop. 8-210(c) (SB 896, Chapter 489) | In force since October 1, 2025 |
| District of Columbia | 15% of monthly rent (refundable) | 1% of first month's rent per dog; 1% total for other pets | No pet deposit or pet rent for an assistance animal | D.C. Code 42-3505.10(b-3) (D.C. Law 25-308) | Enacted 2025 but marked "Not Funded", so not in effect |
Alabama and Missouri go the other way. Alabama's one-month cap excludes money taken for pets, and Missouri does not count a pet deposit as a security deposit, so neither statute limits pet deposits.
Most states do not mention pets in their deposit laws at all. There, a pet deposit is usually just part of the security deposit and falls under any general cap.
Pet deposit vs pet fee: what is the difference?
A pet deposit is refundable. The landlord holds it and can keep only what is needed to fix damage the pet caused, as Hawaii, Delaware and Colorado spell out.
A pet fee is nonrefundable. North Carolina expressly allows a reasonable nonrefundable fee for pets, while Georgia excludes nonrefundable fees from its definition of a security deposit.
Pet rent is a monthly charge added to the rent. Only Colorado caps it among the statutes we read, and Maryland requires landlords to disclose it.
- Washington: a nonrefundable fee may not be called a deposit, and the lease must be in writing and say the fee is nonrefundable (RCW 59.18.285).
- Arizona: the purpose of every nonrefundable fee or deposit must be stated in writing, and any fee not marked nonrefundable is refundable (A.R.S. 33-1321).
- Maryland: since October 1, 2025, landlords must post the pet policy on any property website and include it in rental applications. It must list nonrefundable fees, refundable deposits and monthly pet fees.
- Colorado: any pet security deposit must be refundable to the tenant (C.R.S. 38-12-106).
| Charge | Refundable? | When paid | Example of a state rule |
|---|---|---|---|
| Pet deposit | Yes, minus pet damage | Once, at move-in or when a pet is added | Hawaii: up to 1 month's rent, on top of the regular deposit |
| Pet fee | No | Once | North Carolina: a reasonable nonrefundable fee is allowed |
| Pet rent | No | Every month | Colorado: no more than $35 or 1.5% of monthly rent, whichever is greater |
Some caps cover only deposits. A state can limit a refundable pet deposit and say nothing about a nonrefundable fee, so read the full lease.
Pet rent limits: Colorado caps it, DC's cap is unfunded
Colorado is the only state we found with a pet rent cap in force. Since January 1, 2024, landlords may charge no more than $35 a month or 1.5% of monthly rent, whichever is greater.
The 1.5% option only matters on higher rents. It passes $35 when rent tops $2,333, so at Colorado's median contract rent of $1,705 the cap is $35 a month, or $420 a year.
The District of Columbia enacted a stricter rule in 2025. It caps pet rent at 1% of the first month's rent per dog and pet deposits at 15% of monthly rent.
Our calculation from C.R.S. 38-12-106(2): the greater of $35 or 1.5% of monthly rent. Colorado median contract rent from Census ACS 2024.
Show the numbers
| Label | $ |
|---|---|
| $1,000 | $35 |
| $1,500 | $35 |
| $1,705 (CO median) | $35 |
| $2,000 | $35 |
| $2,333 | $35 |
| $2,500 | $37.50 |
| $3,000 | $45 |
| $3,500 | $52.50 |
| $4,000 | $60 |
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| Monthly rent ($) | 1.5% of rent ($) | Maximum pet rent per month ($) | Maximum pet rent per year ($) |
|---|---|---|---|
| 1,000 | 15.00 | 35.00 | 420.00 |
| 1,500 | 22.50 | 35.00 | 420.00 |
| 1,705 | 25.57 | 35.00 | 420.00 |
| 2,000 | 30.00 | 35.00 | 420.00 |
| 2,333 | 35.00 | 35.00 | 420.00 |
| 2,500 | 37.50 | 37.50 | 450.00 |
| 3,000 | 45.00 | 45.00 | 540.00 |
| 3,500 | 52.50 | 52.50 | 630.00 |
| 4,000 | 60.00 | 60.00 | 720.00 |
On a $3,000 apartment the Colorado cap is $45 a month, or $540 a year. On a $4,000 apartment it is $60 a month.
DC's law has not taken effect. The DC Code shows the new subsections as "Not Funded" because the act applies only once its cost is included in an approved budget.
Had it applied, a DC renter paying the median contract rent of $1,850 would face at most a $277.50 pet deposit. Pet rent for one dog would be capped at $18.50 a month.
Security deposit caps that also limit pet deposits
In states with a general cap, a pet deposit usually counts toward it. California's law, for example, caps security "however denominated" at one month's rent for most landlords.
We confirmed caps in 24 states by reading each statute. Nevada allows the most, three months' rent. Six states allow two months, three allow one and a half, and 14 allow one month.
The US median contract rent was $1,307 in 2024. At each state's own median, the largest allowed deposit ranges from $829 in Alabama to $4,527 in Nevada.
Read from state statutes, October 2026. Some states set different limits by lease type; the chart shows the main limit for an unfurnished unit. North Carolina: terms longer than month to month; Delaware: leases of a year or more; New Mexico: leases under a year.
Show the numbers
| Label | months |
|---|---|
| Nevada | 3 months |
| Connecticut | 2 months |
| Iowa | 2 months |
| Maine | 2 months |
| Missouri | 2 months |
| Virginia | 2 months |
| North Carolina | 2 months |
| Arizona | 1.5 months |
| Michigan | 1.5 months |
| New Jersey | 1.5 months |
| Alabama | 1 month |
| California | 1 month |
| Delaware | 1 month |
| Hawaii | 1 month |
| Kansas | 1 month |
| Maryland | 1 month |
| Massachusetts | 1 month |
| Nebraska | 1 month |
| New Hampshire | 1 month |
| New York | 1 month |
| North Dakota | 1 month |
| Rhode Island | 1 month |
| South Dakota | 1 month |
| New Mexico | 1 month |
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Our calculation: statutory cap in months times median contract rent (Census ACS 2024 1-year, B25058).
Show the numbers
| Label | $ |
|---|---|
| Nevada | $4,527 |
| Virginia | $2,934 |
| Connecticut | $2,664 |
| New Jersey | $2,484 |
| North Carolina | $2,314 |
| Arizona | $2,266.50 |
| Maine | $2,136 |
| California | $1,912 |
| Hawaii | $1,797 |
| Missouri | $1,720 |
| Iowa | $1,666 |
| Massachusetts | $1,665 |
| Maryland | $1,557 |
| New York | $1,487 |
| Michigan | $1,485 |
| New Hampshire | $1,407 |
| Delaware | $1,334 |
| Rhode Island | $1,211 |
| New Mexico | $956 |
| Nebraska | $946 |
| North Dakota | $894 |
| Kansas | $871 |
| South Dakota | $869 |
| Alabama | $829 |
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| State | Cap (months of rent) | What the statute says | Statute | Median contract rent, 2024 ($) | Maximum deposit at median rent ($) |
|---|---|---|---|---|---|
| Nevada | 3 | 3 months, including last month's rent | NRS 118A.242 | 1,509 | 4,527 |
| Connecticut | 2 | 2 months; 1 month for tenants 62 or older | Gen. Stat. 47a-21 | 1,332 | 2,664 |
| Iowa | 2 | 2 months | Iowa Code 562A.12 | 833 | 1,666 |
| Maine | 2 | 2 months | 14 M.R.S. 6032 | 1,068 | 2,136 |
| Missouri | 2 | 2 months; pet deposits are not counted as security deposits | RSMo 535.300 | 860 | 1,720 |
| Virginia | 2 | 2 months | Va. Code 55.1-1226 | 1,467 | 2,934 |
| North Carolina | 2 | 2 weeks (week to week), 1.5 months (month to month), 2 months (longer terms); reasonable nonrefundable pet fee allowed | G.S. 42-51, 42-53 | 1,157 | 2,314 |
| Arizona | 1.5 | 1.5 months; purpose of nonrefundable fees must be stated in writing | A.R.S. 33-1321 | 1,511 | 2,266.50 |
| Michigan | 1.5 | 1.5 months | MCL 554.602 | 990 | 1,485 |
| New Jersey | 1.5 | 1.5 months | N.J.S.A. 46:8-21.2 | 1,656 | 2,484 |
| Alabama | 1 | 1 month; pet deposits are excluded from the cap | Ala. Code 35-9A-201 | 829 | 829 |
| California | 1 | 1 month; 2 months for small landlords (2 properties, 4 units at most) | Civ. Code 1950.5 | 1,912 | 1,912 |
| Delaware | 1 | 1 month for leases of a year or more; separate pet deposit up to 1 month | 25 Del. C. 5514 | 1,334 | 1,334 |
| Hawaii | 1 | 1 month; separate pet deposit up to 1 month | HRS 521-44 | 1,797 | 1,797 |
| Kansas | 1 | 1 month unfurnished, 1.5 furnished; extra pet deposit up to half a month | K.S.A. 58-2550 | 871 | 871 |
| Maryland | 1 | 1 month (2 months in a utility-assistance case) | Real Prop. 8-203 | 1,557 | 1,557 |
| Massachusetts | 1 | 1 month deposit, plus first and last month's rent and lock cost; no other upfront charge listed | G.L. c. 186, 15B | 1,665 | 1,665 |
| Nebraska | 1 | 1 month; extra pet deposit up to a quarter of a month | Neb. Rev. Stat. 76-1416 | 946 | 946 |
| New Hampshire | 1 | 1 month or $100, whichever is greater | RSA 540-A:6 | 1,407 | 1,407 |
| New York | 1 | 1 month | Gen. Oblig. Law 7-108 | 1,487 | 1,487 |
| North Dakota | 1 | 1 month (2 months in two listed cases); pet deposit up to the greater of $2,500 or 2 months | N.D.C.C. 47-16-07.1 | 894 | 894 |
| Rhode Island | 1 | 1 month | R.I. Gen. Laws 34-18-19 | 1,211 | 1,211 |
| South Dakota | 1 | 1 month, unless special conditions justify more by agreement | SDCL 43-32-6.1 | 869 | 869 |
| New Mexico | 1 | 1 month for leases under a year; more allowed on annual leases if interest is paid | N.M. Stat. 47-8-18 | 956 | 956 |
The 24 states are those whose statute text we could open and read. Some other states also set caps; the rest leave deposit amounts to the lease.
Some caps vary by tenant. Connecticut cuts its two-month cap to one month for tenants aged 62 or older, and New Hampshire allows one month or $100, whichever is greater.
Massachusetts is the strictest on move-in charges. It lists exactly what a landlord may collect at the start: first and last month's rent, a deposit of one month and a lock fee.
How much deposit a pet owner can be asked for
Where a pet deposit sits on top of the general cap, the totals add up. In Hawaii, a renter at the median contract rent of $1,797 can be asked for $3,594 in refundable deposits.
In North Dakota the total can reach $3,394 at the median rent of $894. Delaware allows $2,668 at its median of $1,334.
Kansas and Nebraska are lower. Their totals are $1,306.50 and $1,182.50 at median rent.
Our calculation from state statutes and Census ACS 2024 median contract rent. Unfurnished units; Delaware assumes a lease of a year or more. Nonrefundable fees and pet rent not included.
Show the numbers
| Label | $ |
|---|---|
| Hawaii | $3,594 |
| North Dakota | $3,394 |
| Delaware | $2,668 |
| Kansas | $1,306.50 |
| Nebraska | $1,182.50 |
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These are ceilings on refundable money. They say nothing about nonrefundable fees or pet rent, which most of these states do not regulate.
Can a landlord charge a pet deposit for an emotional support animal?
Under the federal Fair Housing Act, a landlord must make reasonable accommodations for a tenant with a disability. HUD's regulation gives the example of a guide dog in a no-pets building.
HUD's 2020 guidance said a housing provider "may not charge a deposit, fee, or surcharge for an assistance animal." HUD withdrew it and a 2013 notice, effective September 17, 2025.
The withdrawal notice ran in the Federal Register on April 6, 2026. It says the documents "should not be relied upon", but the statute and regulation themselves did not change.
| Rule | What it says | Status |
|---|---|---|
| Fair Housing Act regulation, 24 CFR 100.204 | Refusing reasonable accommodations, such as a guide dog in a no-pets building, is unlawful | In force |
| 24 CFR 5.303 | HUD pet rules for elderly and disabled housing do not apply to assistance animals | In force |
| 24 CFR 5.318(d)(2) | Subsidized projects: deposit built up from $50 at move-in plus up to $10 a month; other elderly or disabled projects: up to 1 month's rent | In force |
| 24 CFR 5.318(d)(4) | Pet waste removal charge of up to $5 per occurrence | In force |
| 24 CFR 960.707 | Public housing may charge a nominal nonrefundable pet fee, a refundable pet deposit, or both | In force |
| FHEO-2020-01 (January 28, 2020) | Said a housing provider may not charge a deposit, fee, or surcharge for an assistance animal | Withdrawn, effective September 17, 2025 (91 FR 17291, April 6, 2026) |
| FHEO Notice 2013-01 (April 25, 2013) | Said providers may not require a deposit for an assistance animal | Withdrawn, effective September 17, 2025 |
Colorado passed HB26-1045 in May 2026, effective August 12, 2026. It defines emotional support and service animals and presumes that allowing an assistance animal is a reasonable accommodation.
In HUD-assisted housing for older and disabled tenants, separate pet rules apply. A subsidized tenant's pet deposit starts at no more than $50 and grows by no more than $10 a month.
Owners of those projects may also charge up to $5 each time a tenant fails to clean up pet waste. In other elderly or disabled projects, the pet deposit is capped at one month's rent.
California pet deposit and pet rent rules
California has no pet-specific deposit or pet rent law. Its general cap, in force since July 1, 2024, limits all security to one month's rent, or two months for small landlords.
Two bills to limit pet charges failed. AB 2216 would have barred pet rent on new leases and passed the Assembly 46 to 9 in May 2024, but it died in the Senate.
AB 2609, introduced in February 2026, would have capped pet rent at 1% of monthly rent and pet deposits at 15% of one month's rent. Its first hearing in the Assembly Judiciary Committee was canceled at the author's request on April 27, 2026, and it did not advance.
| Law or bill | What it does or would do | Status |
|---|---|---|
| Civil Code 1950.5 (AB 12, 2023) | Caps all security, however labeled, at 1 month's rent (2 months for small landlords) | Law; applies to security collected from July 1, 2024 |
| AB 2216 (2024) | Would have barred refusing pets without reasonable justification and charging pet rent on new leases | Passed Assembly 46 to 9 on May 23, 2024; referred to Senate Judiciary June 5, 2024; left in committee without action on November 30, 2024 |
| AB 2609 (2026) | Pet rent capped at 1% of monthly rent; pet deposit at 15% of one month's rent | Last amended March 19, 2026; first Assembly Judiciary hearing canceled at the author's request on April 27, 2026; did not advance |
At California's median contract rent of $1,912, AB 2609 would have allowed a pet deposit of $286.80 and pet rent of $19.12 a month.
How many rentals allow pets?
Nationwide, 77.3% of rental listings on Zillow allowed pets, according to Zillow Research data published on August 27, 2026. These are company data on listings, not the whole rental market.
Charlotte ranked first at 91.6%, ahead of Austin at 91.5%, Denver at 90.8% and Dallas at 90.6%. Providence ranked last of the 50 largest metros at 54.3%, after New York at 61.4%.
Of the 50 metros, 14 had pet-friendly shares of 85% or more and 10 were below 70%. Zillow's renter survey found 59% of renter households had a pet, more than the 37% with a child.
Zillow's earlier release, from July 2025, put the 2024 share at 57% and Houston last at 38%. Zillow does not explain the jump, so the two releases may not be measured the same way.
Source: Zillow Research, "Charlotte is America's most pet-friendly rental market", August 27, 2026. Company data on Zillow rental listings only.
Show the numbers
| Label | % |
|---|---|
| Charlotte, NC | 91.6% |
| Austin, TX | 91.5% |
| Denver, CO | 90.8% |
| Dallas, TX | 90.6% |
| Nashville, TN | 90.4% |
| Raleigh, NC | 89.7% |
| United States | 77.3% |
| San Francisco, CA | 64.2% |
| Hartford, CT | 63.3% |
| Boston, MA | 62.5% |
| Buffalo, NY | 62.2% |
| New York, NY | 61.4% |
| Providence, RI | 54.3% |
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| Metro area | Listings allowing pets, August 2026 release (%) | Listings allowing pets, 2024 data (%) | Days faster to rent when pets allowed (2024) |
|---|---|---|---|
| Charlotte, NC | 91.6 | 72 | 4 |
| Austin, TX | 91.5 | 80 | 10 |
| Denver, CO | 90.8 | 77 | 0 |
| Dallas, TX | 90.6 | 79 | 3 |
| Nashville, TN | 90.4 | 77 | 5 |
| Raleigh, NC | 89.7 | 72 | 8 |
| Indianapolis, IN | 89 | 70 | 6 |
| Richmond, VA | 88.7 | 67 | 5 |
| Kansas City, MO | 88.3 | 76 | 0 |
| Columbus, OH | 88 | 65 | 12 |
| Minneapolis, MN | 87.7 | 70 | 4 |
| Salt Lake City, UT | 86.5 | 58 | -3 |
| Portland, OR | 85.8 | 67 | 2 |
| San Antonio, TX | 85.7 | 78 | 6 |
| Atlanta, GA | 84.8 | 68 | 4 |
| Jacksonville, FL | 84.7 | 71 | 8 |
| Phoenix, AZ | 84.4 | 70 | 11 |
| Washington, DC | 83.1 | 58 | 4 |
| Tampa, FL | 83.1 | 71 | 16 |
| Seattle, WA | 82.6 | 70 | 1 |
| Cincinnati, OH | 82.5 | 62 | 10 |
| Virginia Beach, VA | 82.3 | 58 | 3 |
| Orlando, FL | 82.1 | 67 | 2 |
| Louisville, KY | 81.2 | 60 | 2 |
| St. Louis, MO | 80 | 63 | 2 |
| Las Vegas, NV | 79.8 | 45 | 3 |
| Oklahoma City, OK | 79.6 | 72 | 5 |
| Memphis, TN | 79.1 | 67 | 6 |
| Baltimore, MD | 78.2 | 53 | 2 |
| Birmingham, AL | 77.8 | 67 | 4 |
| San Diego, CA | 77 | 59 | 4 |
| Chicago, IL | 76.7 | 60 | 0 |
| Philadelphia, PA | 76.1 | 59 | 4 |
| Houston, TX | 75.8 | 38 | 1 |
| Sacramento, CA | 75.3 | 55 | 0 |
| Milwaukee, WI | 74.6 | 52 | 1 |
| Pittsburgh, PA | 72.4 | 50 | 3 |
| San Jose, CA | 72 | 44 | 3 |
| Cleveland, OH | 71.6 | 50 | 4 |
| Detroit, MI | 71.4 | 48 | 6 |
| Riverside, CA | 69.2 | 54 | 2 |
| Miami, FL | 68.3 | 51 | 9 |
| Los Angeles, CA | 67.6 | 52 | 6 |
| New Orleans, LA | 65.3 | 52 | 6 |
| San Francisco, CA | 64.2 | 49 | 5 |
| Hartford, CT | 63.3 | 43 | -7 |
| Boston, MA | 62.5 | 51 | 9 |
| Buffalo, NY | 62.2 | 47 | -6 |
| New York, NY | 61.4 | 53 | 26 |
| Providence, RI | 54.3 | 43 | 3 |
In the 2024 data, pet-friendly listings rented 8 days faster nationally and 26 days faster in New York. They rented 16 days faster in Tampa and 12 in Columbus.
In the 2026 release, 65% of renters called pet-friendliness essential when choosing a rental, up from 60% in 2024. These figures cover one platform and do not show what landlords charge for pets. We found no government data on pet fees or pet rent.
What this guide does not cover
This is a summary of statute text, not legal advice. Local ordinances, rent control rules and court rulings can change what applies to a lease.
We list a state only where we read the current statute text. A state missing from our cap table may still have a limit we could not verify.
For the money side of keeping a dog, see our cost of owning a dog report and pet spending by generation.
Frequently asked questions
Is pet rent legal?
In most states, yes. Colorado is the only state we found with a pet rent cap in force: $35 a month or 1.5% of monthly rent, whichever is greater. DC enacted a 1% cap in 2025, but it is unfunded and not in effect.
What is the difference between a pet deposit and a pet fee?
A pet deposit is refundable, minus the cost of damage the pet caused. A pet fee is a one-time nonrefundable charge, and pet rent is charged monthly. North Carolina expressly allows a reasonable nonrefundable pet fee.
Can a landlord charge a pet deposit for an emotional support animal?
Under the Fair Housing Act, landlords must make reasonable accommodations. HUD's 2020 guidance said no deposit, fee or surcharge may be charged for an assistance animal; HUD withdrew it in 2025, but the law did not change. Hawaii, Delaware, North Dakota and Oregon bar such deposits in statute.
What is the maximum pet deposit in Colorado?
Colorado caps a pet security deposit at $300, and it must be refundable. Pet rent is capped at $35 a month or 1.5% of rent, whichever is greater.
Which state allows the largest pet deposit?
Of the statutes we read, North Dakota allows the most: the greater of $2,500 or two months' rent. Alabama and Missouri leave pet deposits outside their general caps.
Does the security deposit cap include a pet deposit?
Usually, if the state has a general cap and no separate pet rule. California caps security "however denominated" at one month's rent. Hawaii, Delaware, Kansas, Nebraska and North Dakota allow a pet deposit on top.
Can a landlord charge pet rent in California?
California has no law capping pet rent. AB 2609 would have capped it at 1% of monthly rent from 2027, but it stalled in committee in 2026 after its first hearing was canceled at the author's request.
How much is pet rent in Washington, DC?
DC enacted a cap of 1% of the first month's rent per dog in 2025. The DC Code marks it "Not Funded", so it is not in effect and the cap does not apply yet.
Methodology and limitations
We read the current text of each statute from the state legislature or code publisher between October 9 and 11, 2026. Where a site blocked access, we used an Internet Archive copy from 2025 or 2026 and recorded the date.
A state appears in the deposit-cap table only if we read its cap. Months of rent show the main limit for an unfurnished unit.
Dollar examples multiply each statutory limit by the state's 2024 median contract rent from the Census Bureau's American Community Survey 1-year table B25058. ACS 2025 1-year data were not yet posted on October 11, 2026.
Federal rules come from the eCFR (24 CFR parts 5, 100 and 960) and the Federal Register. Listing data come from Zillow Research (August 2026) and a Zillow press release (July 2025) and are company data.
Sources
- Colorado Session Laws 2023, Chapter 416 (HB23-1068), adding C.R.S. 38-12-106, $300 pet deposit and $35 or 1.5% pet rent caps
- Federal Register, HUD Notification of Withdrawal of FHEO Guidance Documents, 91 FR 17291 (April 6, 2026), Withdrawal of FHEO-2020-01 and Notice 2013-01, effective September 17, 2025
- D.C. Code 42-3505.10 and D.C. Law 25-308, Pets in Housing Amendment Act of 2024, DC 15% deposit and 1% pet rent caps, marked Not Funded
- Also consulted: Zillow Research, Charlotte is America's most pet-friendly rental market (August 27, 2026, company data), Hawaii Revised Statutes 521-44 (Internet Archive copy, September 23, 2026), Delaware Code, Title 25, 5514, North Dakota Century Code 47-16-07.1, Kansas Statutes 58-2550, Nebraska Revised Statutes 76-1416, Maryland Real Property 8-210 and SB 896 (2025), Chapter 489, California Civil Code 1950.5 (Internet Archive copy, September 2026), California AB 2216 (2023 to 2024 session) bill text and history, California Legislative Information, California AB 2609 (2026) bill text and history, California Legislative Information (opened October 11, 2026), eCFR, 24 CFR 5.303 and 5.318, eCFR, 24 CFR 960.707, eCFR, 24 CFR 100.204, Colorado HB26-1045, Housing Protections for Individuals with Disabilities (enrolled text), HUD FHEO-2020-01, Assessing a Person's Request to Have an Animal as a Reasonable Accommodation (Internet Archive copy, January 2020), US Census Bureau, ACS 2024 1-year, table B25058 median contract rent, Zillow press release, July 2, 2025 (company data), Oregon Revised Statutes 90.300 (text read via oregon.public.law), Statutes: Ala. Code 35-9A-201; A.R.S. 33-1321; Conn. Gen. Stat. 47a-21; O.C.G.A. 44-7-30; Iowa Code 562A.12; 14 M.R.S. 6032; Md. Real Prop. 8-203; Mass. G.L. c. 186 s. 15B; MCL 554.602; RSMo 535.300; NRS 118A.242; RSA 540-A:6; N.J.S.A. 46:8-21.2; N.M. Stat. 47-8-18; N.Y. Gen. Oblig. Law 7-108; N.C.G.S. 42-51 and 42-53; R.I. Gen. Laws 34-18-19; SDCL 43-32-6.1; Va. Code 55.1-1226; RCW 59.18.260, 59.18.285 and 59.18.610.
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