Chez‑Moi
Compliance

Pet Policies & Fees: Best Practices and Legal Limits

A landlord-focused guide to creating enforceable pet policies, charging pet fees, deposits, and navigating legal limits in Oregon, California, and beyond.

Allowing pets can help fill vacancies and boost rent, but it also brings added risk. Well-crafted pet policies—and clear, compliant fee structures—are essential for reducing liability and protecting your property. Here’s how to set up and enforce pet policies the right way.

Key takeaways

  • State law limits what can be charged as “pet rent,” “pet deposits,” and “pet fees.” Service and emotional support animals are never “pets.”
  • Clear, signed pet agreements—covering breed/size limits, insurance, and rules—protect you from damages and disputes.
  • Using digital pet addendums in your property management system makes policy enforcement and renewal much easier.

Pet Fees, Deposits, and “Pet Rent”

  • Pet deposit: In Oregon and California, this is part of the total security deposit and counts toward state deposit caps (usually 1–2 months’ rent, depending on state).
  • Pet fee: Non-refundable fees are generally not allowed in Oregon. In California, any non-refundable fee is risky and discouraged. Always check local ordinances.
  • Pet rent: Ongoing monthly charges are legal in most places, but must be clearly stated in the lease/addendum and must not be used to evade rent control or deposit limits.
Chez‑Moi Landlord Feature: Add and track pet rent, deposits, and policy renewals per unit—automatically flagged if a tenant tries to add an unapproved animal.

What to Include in a Pet Policy

  • Permitted and prohibited breeds/species, weight limits, and maximum number of animals
  • Required vaccinations, licensing, and liability insurance for certain breeds
  • Cleaning and damage responsibilities (including carpet, odor, landscaping, etc.)
  • Rules for guest pets, visiting animals, and common areas
  • Procedure for complaints, violations, and possible lease termination

Service & Emotional Support Animals (ESAs)

Both federal and state law treat service animals and ESAs differently from pets. You may not charge pet fees, deposits, or higher rent for a verified assistance animal—but you can require documentation and must enforce behavior rules.

  • Request valid documentation if not obvious (do not require details about the tenant’s disability).
  • Service and support animals must comply with all standard health and safety rules.
  • Excessive damage or nuisance remains the tenant’s responsibility.

Enforcement and Risk Management

  • Require all tenants to sign a pet addendum before allowing animals on the property.
  • Regularly inspect for unauthorized pets using move-in, renewal, and maintenance visits (document everything).
  • Use your property management software (Chez‑Moi) to track approved animals, deposit status, and renewal dates.
  • Promptly enforce all rules—allowing exceptions sets a precedent and weakens your policy.
Landlord Tip: Periodically require updated vet records and re-signing of the pet policy to keep records current.
Warning: Improper or inconsistent enforcement of your pet policy can invalidate your rights to collect for damages later.[1]

Sources

  1. ORS 90.300: Security Deposit Law
  2. CA Dept. of Consumer Affairs: Pets and Service Animals
  3. Nolo: Pet Policies for Landlords

← Back to all posts

Pet Policies & Fees: Best Practices and Legal Limits — Chez-Moi Blog