Orange County, California – Pet Laws for Rentals

The Legal Framework for Pets in Rentals

• State Legislation: California has been proactive in enacting laws that affect pet ownership in rentals. Notably, bills like AB 2216 have aimed to make rentals more pet-friendly by limiting landlords’ ability to impose blanket no-pet policies, especially for common household pets like cats and dogs.
• Local Ordinances: Each city within Orange County might have its own set of rules regarding pets, which can vary significantly. For instance, Huntington Beach or Newport Beach might have different pet policies compared to Laguna Beach.
• Fair Housing Act: This federal law impacts pet policies as it requires landlords to provide reasonable accommodations for service animals and emotional support animals (ESAs), which are not subject to the same restrictions as regular pets.

Rights and Responsibilities of Tenants

• Right to Have Pets: While California law does not mandate landlords to allow pets, recent legislation has moved towards reducing barriers for pet owners. Assembly Bill 2216, for example, prohibits landlords from charging additional “pet rent” or imposing unreasonable restrictions on common household pets without justification.
• Service and Support Animals: Tenants with disabilities have the right to have service animals or ESAs without being subject to pet fees or deposits. Landlords must make reasonable accommodations, which include waiving no-pet policies for these animals.
• Pet Deposits: California law caps security deposits, including pet deposits, at two months’ rent for unfurnished units. This cap includes any additional pet deposit but does not apply to fees like cleaning or non-refundable pet fees.
• Notification: Under new laws, landlords cannot inquire about pet ownership before accepting a tenant’s application. However, tenants must inform landlords about pets within 72 hours before entering a rental agreement.

Landlord Considerations

• Setting Pet Policies: Landlords can set policies regarding pet size, breed, or numbers if they are reasonable and not discriminatory. However, these must align with state and local laws, especially post-AB 2216, which requires justifications for pet restrictions.
• Damage and Maintenance: Landlords can hold tenants accountable for pet-related damages beyond normal wear and tear. The security deposit can be used for repairs, but landlords must provide an itemized list of deductions within 21 days after a tenant vacates.
• Insurance: Landlords might consider pet-related insurance to cover potential liabilities, especially with certain breeds or larger pets, although breed-specific insurance restrictions are illegal in California.
• Enforcement: Managing unauthorized pets involves giving tenants notice to comply or vacate. However, with pets being a common household feature, landlords must tread carefully to avoid violating tenant rights or facing legal challenges.

Challenges and Controversies

• Compliance with New Laws: The rapid changes in legislation, particularly around pet deposits and fees, have led to confusion and sometimes non-compliance by landlords unaware of or resistant to these new rules [].
• Breed Restrictions: While California has been moving away from breed-specific legislation, some landlords still attempt to restrict certain breeds, leading to legal disputes over discrimination. All in all you can not discriminate based on the animals breed.
• Pet Evictions: Evicting tenants for unauthorized pets has become more complex, with a need for landlords to prove the pet policy breach significantly affects other tenants or the property.
• Community Relations: Pets can be a point of contention in multi-unit dwellings, leading to noise complaints or conflicts over shared spaces, which landlords must mediate.

Emerging Trends and Future Outlook

• Pet-Friendly Housing: There’s a growing trend towards more pet-friendly rentals, driven by both tenant demand and legislative push. This includes amenities for pets in new developments or complexes.
• Legislative Changes: Expect continued evolution in-laws, potentially expanding protections for pet owners or further defining what constitutes a “reasonable” pet policy.
• Technology and Services: From pet screening services to technology that monitors pet behavior, landlords are increasingly using tools to manage pet-related aspects of property management.
• Housing Shortage vs. Pet Ownership: As Orange County grapples with housing shortages, the push for pet-friendly policies might intensify, balancing housing needs with pet ownership rights.

Strategic Advice for Stakeholders

• For Tenants:

  • Always check local ordinances and state laws before signing a lease.
  • Document all interactions regarding pets with your landlord, especially if you have a service or support animal.
  • Be prepared to negotiate or challenge unreasonable pet policies with legal support if necessary.

• For Landlords:

  • Stay updated with legal changes to avoid penalties or lawsuits.
  • Consider pet policies that are fair and in line with the law to attract a broader tenant pool.
  • Use technology and services to manage pet-related issues effectively without overstepping legal boundaries.

• For Property Managers:

  • Educate yourself and your clients on the latest in pet laws.
  • Implement clear, legally compliant pet agreements within leases.
  • Foster good community relations by managing pet policies in a way that benefits all tenants.

Conclusion