Managing Pets in California Rentals
As a landlord in California, managing pets in your rental property can be a tricky. While allowing pets may increase your pool of prospective tenants, it also presents certain challenges. Whether you're a seasoned landlord or just starting out, here's a comprehensive guide on how to navigate pets in your rental property in California.
Understand California Laws Regarding Pets
In California, landlords have the right to establish a "no pet" policy, except for service animals and emotional support animals, which are protected under state and federal laws. It's important to understand the difference between a pet and an assistance animal:
Service Animals: Under the Americans with Disabilities Act (ADA), these animals are specially trained to perform tasks for individuals with disabilities. You cannot deny a tenant's service animal, and you cannot charge additional fees for it.
Emotional Support Animals (ESAs): California's Fair Employment and Housing Act (FEHA) protects tenants with ESAs. Similar to service animals, landlords cannot refuse an ESA and are prohibited from charging pet deposits or rent for these animals. However, you can ask for documentation confirming the need for an ESA.
Decide on a Pet Policy
Before renting out your property, decide on a clear pet policy. Consider whether you'll allow pets, and if so, what types, sizes, and numbers will be acceptable. Some important questions to address in your policy include:
Which pets are allowed? Will you allow only dogs and cats, or will you permit birds, reptiles, or other animals?
Breed or size restrictions: For instance, you might restrict certain large dog breeds or have weight limits.
Number of pets: Limit the number of pets to avoid overcrowding or property damage.
Make sure your pet policy complies with local laws and be clear with prospective tenants upfront.
Use a Pet Agreement or Pet Addendum
If you decide to allow pets, create a detailed pet agreement or pet addendum that becomes part of the lease. This document should outline:
Pet-related rules: Specify areas where pets are allowed and outline expectations such as noise control, waste disposal, and supervision.
Pet deposits: In California, landlords are permitted to charge a refundable pet deposit as part of the security deposit. However, under the new security deposit law AB 12 that went into effect on July 1, 2024, the total security deposit, including a pet deposit, cannot exceed one months rent for both unfurnished and furnished units. The exception to this law is Landlords who own no more than two residential properties with a total of four or fewer rental units. In this case a landlord can charge up to two months rent, including the pet deposit, as a security deposit. The landlord must be a natural person, a limited liability company (LLC) with only natural person members, or a family trust. This exception doesn't apply if the tenant is a member of the military.
Pet Rent: Landlords can also charge “pet rent,” which is a non-refundable monthly fee for having a pet.
Consequences for policy violations: Clearly state the penalties for not following the pet agreement, such as fines or the possible removal of the pet.
Screen Pets Carefully
Just as you screen potential tenants, it’s important to screen pets. Ask for pet references, typically from previous landlords, to confirm the animal's behavior and care history. Some things to consider include:
Breed and temperament: Certain breeds may be more prone to noise or damage, so understanding the temperament of the animal is crucial.
Medical records: Request proof of vaccinations, flea treatments, and any necessary licenses, particularly for dogs.
Spay/Neuter status: Neutered or spayed pets are often more docile and less likely to cause disturbances, so this can be a helpful requirement.
Set Reasonable Expectations
Be clear with your tenant about your expectations regarding pet care. For example, include clauses in your lease that address:
Noise control: Tenants must manage barking or other disruptive behaviors.
Cleanliness: Tenants should keep the property clean, especially regarding pet waste.
Damage: Any damage caused by the pet, such as chewed furniture or scratched floors, should be repaired by the tenant.
Address Property Damage
Even well behaved pets can cause occasional damage, so it’s essential to take precautions. Conduct a thorough move in inspection, including photographs, so you can fairly assess any damages at the end of the lease. While you cannot charge additional fees for service animals or ESAs, you can hold tenants responsible for any damage caused by their animals beyond normal wear and tear.
Ensure Tenant Compliance
Regular property inspections can help ensure that tenants comply with your pet policies. Provide proper notice, as required by California law, before entering the property, and check for any signs of pet related issues. Make sure tenants are following rules about cleaning up after their pets and keeping common areas free of waste.
Maintain Flexibility
While it’s important to establish a firm pet policy, try to maintain some flexibility. Not every pet fits neatly into specific categories and some animals can be excellent tenants despite breed or size restrictions. Evaluate each situation on a case-by-case basis, and don’t be afraid to make exceptions for well behaved pets if it benefits you and your property.
Pet Insurance and Liability
Requiring pet owners to carry renters insurance that includes pet liability coverage is a wise precaution. This can help protect you from potential lawsuits if the pet injures someone on your property or causes significant damage. It also shows that your tenant is committed to being a responsible pet owner.
Evaluate the Benefits of Allowing Pets
While there are risks associated with allowing pets, there are also many benefits. Pet friendly properties tend to attract a larger pool of potential tenants and pet owners may be more likely to stay longer because it's harder to find pet friendly housing. Allowing pets can also make your rental more competitive, particularly in markets where pet friendly homes are in short supply.
Handling pets in rental properties in California requires a balance of clear policies, legal compliance, and flexibility. By understanding the laws, setting expectations, and ensuring proper documentation, you can create a pet policy that works for both you and your tenants. A well thought out pet policy not only helps protect your property but also enhances the rental experience for responsible pet owners, making your rental more attractive in the competitive California market.
Ocean Point Property Management is here to assist landlords with tailored advice for managing their properties, including tips on accommodating pets. Reach out to us at 805-667-0640 for personalized real estate services that make property management easier for you.
