Cal. Civ. Code § 38-12-106
Security deposits - limitation on pet security deposit and rent - definition.
Operative Text
(1) A landlord shall not demand or receive an additional security deposit of more than three hundred dollars from a prospective or current tenant as a condition of permitting the tenant's pet animal to reside at the residential premises with the tenant, and the security deposit must be refundable to the tenant. (2) A landlord shall not demand or receive additional rent from a tenant as a condition of permitting the tenant's pet animal to reside at the residential premises with the tenant in an amount that exceeds thirty-five dollars per month or one and one-half percent per month of the tenant's monthly rent, whichever amount is greater. (3) As used in this section, "pet animal" has the same meaning as set forth in section 35-80-102 (10).
Colorado Revised Statutes § 38-12-106 places two distinct caps on what landlords may charge when a tenant keeps a pet animal at a residential property. First, any pet-related security deposit is capped at $300 and must be fully refundable. Second, any additional monthly rent charged because of a pet cannot exceed $35 per month or 1.5% of the tenant's monthly rent, whichever figure is higher. The term 'pet animal' carries the specific meaning defined elsewhere in Colorado law at § 35-80-102(10).
Plain English — not legal advice.
Under Colo. Rev. Stat. § 38-12-106, compliant operators who allow pet animals generally ensure that any pet security deposit collected does not exceed $300 and is structured as a refundable deposit rather than a fee. When charging additional monthly rent for a pet, operators typically verify that the amount does not surpass the greater of $35 or 1.5% of the tenant's monthly rent. Keeping written records of how pet-related charges are calculated and disclosed can help demonstrate compliance with both caps established by this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 38-12-106 gives tenants the right to have a pet animal at their residence without being charged a pet security deposit above $300 or pet rent above the greater of $35 per month or 1.5% of monthly rent. If a landlord demands amounts beyond these limits, or refuses to treat the pet deposit as refundable, that conduct may constitute a violation of this provision. Tenants who believe these limits have been exceeded can document the charges, consult a local tenant-rights organization, or explore remedies available through Colorado courts.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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