Can a Landlord Charge Pet Rent or Pet Deposits in Pennsylvania?

The short answer: Pennsylvania landlords can charge pet rent, pet deposits, and non-refundable pet fees, as long as the charges respect the state's security deposit rules. There is no law capping pet rent itself, so the monthly amount is whatever the lease says. The structure matters, though: how the charges are labeled determines whether they count toward the security deposit cap and whether they are refundable.

The Three Types of Pet Charges

Know the difference before you sign. Pet rent is a monthly charge, like extra rent, and it is not refundable. Pet deposit is money held against pet damage and should be refundable if no damage occurs. Pet fee is a one-time charge, usually non-refundable, covering the cost of allowing the pet. Landlords can combine them, and the lease should state exactly what each charge is and when it is returned.

Pennsylvania caps security deposits at two months' rent during the first year of a tenancy and one month's rent after that. The question is whether a pet deposit counts toward that cap. Pennsylvania courts have generally treated pet deposits as part of the security deposit for cap purposes, so a landlord cannot collect a full security deposit plus a full pet deposit that together exceed two months' rent. Pet rent and non-refundable fees are not deposits, so they sit outside the cap.

What This Means for Tenants

If your rent is $1,500 and the landlord asks for a $1,500 security deposit plus a $1,500 pet deposit, the total exceeds the two-month cap and is not legal in the first year. Knowing the cap protects you from overpaying and gives you a concrete point to raise if the numbers look wrong. Our guide on security deposit rules in Pennsylvania covers the full framework.

Landlords cannot charge pet fees or pet rent for service animals or emotional support animals. Under the Fair Housing Act, assistance animals are reasonable accommodations, not pets, so pet policies and pet charges do not apply. A landlord can still require the animal to be housebroken and under control, and can hold the tenant responsible for actual damage the animal causes, but the monthly pet rent and pet deposits are off the table. Our guide on ESAs in Pennsylvania rentals explains the documentation landlords can request.

Charges Must Be in the Lease

Whatever the landlord charges must appear in the lease or a signed pet addendum. A landlord who demands pet rent that was never in the lease has no basis for the charge, and a tenant who pays it anyway has a weaker position later. Get the full pet charge structure in writing before you sign, and keep the signed copy.

For tenants, budget for the full pet charge structure before you apply. Add the pet deposit, pet fee, and monthly pet rent to your comparison of units, because a pet-friendly unit can cost meaningfully more than a non-pet unit. Ask which charges are refundable, how damage is assessed at move-out, and whether the pet deposit is held separately from the security deposit.

For landlords, clear pet policies attract better tenants. A written pet addendum with charges, rules, and damage expectations prevents disputes, and a reasonable pet deposit structure makes your property competitive in pet-heavy markets. Landlords should also know that refusing an assistance animal or charging pet fees for one is a fair housing violation with serious consequences. Our guide on tenant rights with pets shows the tenant side of the same rules.

If you believe a pet charge is improper, handle the dispute in writing and start with the lease. Review the lease and any pet addendum to confirm what was agreed, then ask the landlord for a written itemization of the charges. If the landlord demands a pet deposit that pushes the total past Pennsylvania's security deposit cap, point to the cap and ask for the excess returned or recharacterized. If the dispute is about an assistance animal, the law is clear: pet fees for service animals and ESAs are not allowed, and a written request to remove the charge is the first step.

Escalation Options

If the landlord refuses to correct an improper charge, tenants can pursue small claims court for the return of excess deposits, and fair housing complaints for assistance animal issues. Document every payment and every written exchange. Our guide on tenant rights with pets covers the broader legal framework, and security deposit rules has the deposit details.