If you live in a homeowner association in particular, questions may have come up about the presence (or not) of pets when leasing property:California passed new pet laws effective in 2000 for homeowner association owners, allowing a minimum of one dog, cat, fish, or bird (simply speaking) per owner. The homeowner association is allowed to set further rules concerning size, number of pets above one, and other rules including the presence of animals in the common area, or animal behaviors, as long as they don't conflict with state law.
So what does this mean for tenants who are renting in a homeowner association, because the pet laws for owners do not necessarily apply towards tenants, the exception to many of the following rules being if the tenant is disabled and requires a certain service animal under "reasonable accommodation" rules.
- A landlord may ban pets in a lease; the law allowing pets in an HOA concerns owners, not their tenants.
- A landlord can restrict breeds or types of pets.
- A larger deposit may be charged if a pet is allowed, but the total deposit must comply with California's rules about maximum security deposits.
- If allowed in a homeowner association, the pet provisions will apply concerning any rules such as cleaning up pet waste in the common area, being leashed in the common area, or areas where pets may be allowed or prohibited such as pools or other recreation areas.
- If, for example, a dog bites or harms the postal worker who is on the property delivering mail, the dog's owner will be responsible for his/her pet, and the property owner could also have some responsibility depending on the circumstances involved.
- A landlord/tenant lease can require the tenant to obtain renter's insurance to cover pets on the premises.
