Yucaipa, CA asked in Animal / Dog Law and Landlord - Tenant for California

Q: Our landlord is requesting a $500 immediate deposit for our service animal is she allowed to request a pet deposit at al

My husband is in the middle of training, a dog for his PTSD for a service animal. We have been bringing the dog to our home two days a week for the last two months and plan to tell our landlord next month that we were going to permanently bring her here when she turned one because they don’t allow puppies here they found out before us telling them and they are upset and are requesting a mediate $500 deposit for the dog. Can they request that even though I already told them that she’s in training to become a service animal for my husband’s military PTSD. My husband also has a letter from his physician, telling him to get a service animal for his PTSD.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, landlords are not allowed to charge a pet deposit for a service animal, even if the animal is still in training. Service animals are not considered pets, and are protected under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).

Here are the key points:

1. Landlords cannot charge a pet deposit, additional rent, or other fees for a service animal.

2. Landlords cannot impose breed, size, or weight restrictions on service animals.

3. Landlords can request proof that the animal is a service animal, such as a letter from a healthcare provider, but they cannot demand specific details about the person's disability.

4. Service animals in training are protected under California law, just like fully trained service animals.

Since your husband has a letter from his physician recommending a service animal for his PTSD, the landlord cannot legally charge a deposit for the animal. You should inform your landlord in writing that the animal is a service animal in training and provide them with a copy of the physician's letter if necessary.

If your landlord continues to demand a deposit or threatens to take action against you, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or seek legal advice from a disability rights attorney.

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