Are pet deposits refundable? State-by-state guide
Whether your pet is a dog, cat, rabbit, or other furry friend, figuring out whether you’ll get your pet deposit back is a real concern when you’re signing a lease. Some landlords treat pet deposits like a flat fee you hand over and never see again, while others mean it as security that comes back if your place stays damage-free. The answer is: it depends on where you live and exactly what’s in your lease.
Understanding pet deposits vs. pet fees vs. pet rent
Before diving into state-by-state rules, it’s important to know what you’re actually paying for. A pet deposit is a refundable sum held by the landlord and returned (minus deductions for actual pet damage) when you move out. This is different from other pet-related charges you might encounter.
A pet deposit is a refundable security deposit specifically earmarked for pet-related damage and functions exactly like a standard security deposit but addresses pet-specific concerns like scratched doors, soiled carpets, or damaged landscaping. Meanwhile, a pet fee is a one-time, non-refundable charge for the privilege of having a pet. Pet rent is an additional monthly charge added to the tenant’s base rent, and unlike a deposit, this money isn’t refundable; it’s recurring income that compensates the landlord for the ongoing costs and risks associated with housing animals.
The key difference: if it’s labeled a deposit, it should be refundable (in most states). If it’s a fee or rent, it typically won’t be.
The general rule: Most deposits are refundable if no damage occurs
Pet deposits are refundable in most cases if no pet-related damage is found. In most cases, pet deposits are refundable if the pet does not cause any damage beyond normal wear and tear.
A key point to note is that a pet deposit should not be used for issues unrelated to the pet, such as general carpet wear or repainting walls after years of tenancy. So even if the carpet looks worn from regular living, that’s not on you. The deposit is only for damage your pet actually caused.
Many states mandate that if no damage occurs, landlords must refund the pet deposit in full, often within a set timeline (e.g., 14–30 days after move-out). After the tenant moves out, the landlord must inspect the unit, itemize any deductions, and return the remaining deposit within the timeline required by state law — usually within 14 to 30 days.
States where pet deposits must be refundable
Some states have strict rules: if it’s called a deposit, it must be refundable. States like California, New York, Massachusetts, Connecticut, Hawaii, Iowa, Michigan, and Wisconsin prohibit non-refundable deposits or fees. States including California (CA), Colorado (CO), Rhode Island (RI), Montana (MT), Massachusetts (MA), Washington (WA), and Hawaii (HI) have laws where pet deposits are treated as standard security deposits and must be returned at the end of the lease if there are no damages attributable to the pet.
California
Landlords in California can charge refundable pet deposits, but non-refundable pet fees aren’t allowed. However, the total deposit amount, including the pet deposit, can’t exceed two months of rent in total. Landlords may charge monthly pet rent and a refundable security deposit, but the total deposit cannot exceed the statutory one-month limit.
Upon moving out, the landlord has 21 days to return your deposit or provide an itemized list of deductions, and this list must include receipts for any work costing more than $125.
Colorado
Pet-related charges are strictly limited in Colorado, with the security deposit limit capped at $300 per pet, and this amount must be fully refundable to the tenant. The pet deposit of $300 (refundable, regardless of number of pets) will be returned within 30 days of move-out if the property shows no pet damage beyond normal wear and tear.
Hawaii
Landlords in Hawaii cannot charge non-refundable pet fees. Only the first months’ rent and security deposit can be collected.
Massachusetts, Connecticut, and New York
In states like California, New York, and Massachusetts, landlords cannot charge any separate pet deposit or fee — all charges must be within the security deposit cap. This means you won’t see a line item for pet deposit; it’s bundled into your regular security deposit.
Montana
Landlords from Montana cannot charge non-refundable pet fees. The pet deposit must be refunded unless there are legitimate deductions due to damages.
Wisconsin
Per state law, pet deposits are treated as security deposits and cannot be automatically non-refundable. Landlords must return them, less itemized deductions, within 21 days.
States that allow non-refundable pet deposits or fees
In other states, landlords can charge non-refundable pet fees as long as they clearly disclose this in your lease. The difference matters: if something is clearly labeled as a “fee,” it doesn’t come back. But if it’s called a “deposit” and then the landlord tries to keep it without damage, you might have a case.
Washington
Landlords in Washington can charge a non-refundable pet deposit as long as it’s reasonable in amount and indicated in the lease as non-refundable. However, the landlord must disclose in writing if any part of the deposit is non-refundable.
Oregon
Landlords in Oregon can charge a non-refundable pet deposit as long as it’s reasonable in amount.
Texas
While Texas law does allow landlords to charge non-refundable fees, they must disclose this information to the tenant upfront. Landlords in Texas can charge a pet deposit, and there’s no legal cap on the amount. However, unless specified as non-refundable in the lease agreement, the pet deposits are considered refundable.
Florida and Georgia
Florida law doesn’t specifically address non-refundable fees, but landlords in Florida may ask for a pet deposit as long as it’s reasonable in amount. Georgia law doesn’t specifically address non-refundable fees, but landlords in Georgia may ask for a pet deposit as long as it’s reasonable in amount.
States with no specific rules (yet)
States like Indiana, Kentucky, Louisiana, Mississippi, Missouri, Ohio, Oklahoma, Vermont, West Virginia, Wisconsin, and Wyoming have no state-level deposit caps; pet charges are entirely up to the lease agreement. In these states, it’s even more critical to read your lease carefully and ask upfront whether the deposit is refundable.
Important cap limits in select states
Some states cap how much landlords can charge for pet deposits:
Kansas
Landlords in Kansas may ask for a pet deposit as long as it doesn’t exceed one half months’ rent.
Delaware
Landlords in Delaware may ask for a pet deposit as long as it doesn’t exceed one months’ rent.
Nebraska
Nebraska landlords may only charge up to 25% of one month’s rent for a pet deposit.
What damage can landlords deduct from your pet deposit?
If your pet does cause damage, landlords can deduct from your deposit—but only for actual damage, not normal wear and tear. Landlords can typically deduct for actual pet damage beyond normal wear and tear, which includes things like scratched hardwood floors, chewed door frames, stained carpets from pet accidents, and flea treatment costs. Normal wear from a pet (minor carpet wear from foot traffic, for example) generally cannot be deducted.
Most states require landlords to provide an itemized list of deductions within a specified timeframe (usually 14-30 days after move-out). Always ask for this itemized list and receipts if any money is withheld. If the landlord withholds any portion of the deposit, ask for a detailed list of deductions with receipts.
The labeling trap: When “non-refundable deposits” aren’t actually legal
Here’s where many renters get confused—and sometimes landlords try to skirt the rules. Even if a landlord labels a charge as “non-refundable,” courts in some states may treat it as a deposit. If so, landlords may still be required to refund unused amounts unless they can prove actual damage.
Avoid calling something a “non-refundable deposit.” This is illegal in states like California and Oregon. If a landlord is charging you money upfront and calling it a deposit, it’s likely supposed to be refundable where you live. The fact that they wrote “non-refundable” doesn’t automatically make it legal.
Emotional support animals and service animals
There’s a big asterisk here: if you have an emotional support animal (ESA) or a service dog, different rules apply. Federal law (ADA and Fair Housing Act) prohibits landlords from charging any deposit, fee, or pet rent for service animals or emotional support animals. Under the Fair Housing Act, landlords cannot charge a pet deposit, pet rent, or pet fee for a service animal or verified emotional support animal, as these animals are considered necessary accommodations — not pets.
If a landlord is charging you pet fees for your ESA or service animal, that’s illegal. You’d need documentation from a healthcare provider to back up the ESA claim, but once you have it, those fees should be waived or refunded.
What you should do before signing
Make sure to clarify that your pet deposit is refundable, as it typically is, but it is important to have this in writing. Seriously—don’t assume. Add a question to your lease review: “Is this pet deposit refundable?” Get the answer in writing in the lease or in an email from the landlord.
Confirm in writing whether your pet deposit is refundable and understand any specific rules about cleaning or repairs required at move-out. If the lease uses vague language or seems to contradict itself, ask the landlord to clarify before you hand over any money.
When you move out
Conduct thorough move-in inspections to document property condition with photos and written reports, and photograph everything—especially areas vulnerable to pet damage (carpets, doors, baseboards, yards). Repeat at move-out and compare conditions side-by-side. Provide itemized deductions, including receipts or estimates for repairs, and return promptly following your state’s timeline (typically 14-30 days).
Keep your place clean and document the condition when you move in. Take photos of any existing damage so you can’t be blamed for it later. When you leave, clean thoroughly and take photos again to show your pet didn’t cause any damage beyond normal use.
FAQ
Is a pet deposit refundable if my pet didn’t cause any damage?
Yes, in most states. Pet deposits are refundable in most cases if no pet-related damage is found. If the property is left in good shape, with no stains, scratches, odors, or pest issues caused by pets, the landlord is generally required to return the full deposit.
Can a landlord charge both a pet deposit and pet rent?
In most states, landlords can charge both a refundable pet deposit and a non-refundable pet fee — as long as total charges stay within legal limits. The rules vary by state, so check your local laws to see if there are caps on total deposits and fees combined.
What if my landlord won’t return my pet deposit after move-out?
Contact the landlord in writing within the state’s specified timeframe for security deposit returns. If disputes arise, consider mediation or small claims court. If your landlord wrongfully withholds your deposit, many states allow you to recover double or triple damages. Keep all documentation of your communications and the property condition.
If I have a service dog or ESA, do I have to pay a pet deposit?
No. Under federal law, assistance animals, like service dogs and emotional support animals, aren’t classified as pets. Therefore, landlords cannot charge additional fees or deposits for these animals. You’ll need proper documentation from a licensed healthcare provider, but once you have it, pet charges should not apply.
How long does it take to get a pet deposit back?
Many states mandate that if no damage occurs, landlords must refund the pet deposit in full, often within a set timeline (e.g., 14–30 days after move-out). Some states are faster (like California and Wisconsin at 14–21 days), while others allow up to 30 days. Check your state’s rules to know what to expect and when to follow up if you don’t receive it.
