Can a landlord charge you for pet damage?

Pet damage is one of the more legitimate categories of deduction — and also one where tenants are most often charged twice for the same thing.

Last updated August 2026

Know which pet money you already paid

Three different things get called 'pet' charges, and they are not interchangeable:

Refundable pet deposit — held like a security deposit and returnable. If you paid one, it should be applied to pet-related damage before your security deposit is touched.

Non-refundable pet fee — a one-time charge you never get back, permitted in some states and not others.

Pet rent — monthly, and not a damage fund at all.

Being charged pet damage against your security deposit while a refundable pet deposit sits unapplied is a double recovery worth challenging directly.

What is chargeable, and what is not

Generally chargeable: urine saturation into carpet pad or subfloor, chewed trim and doors, scratched flooring beyond surface marks, damaged screens and blinds, flea treatment where an infestation is documented.

Generally not: ordinary pet hair that vacuuming removes, faint odor absent actual damage, surface scuffs of the kind any occupancy produces, or 'pet cleaning' as a flat fee applied regardless of condition.

Depreciation applies here as it does everywhere: pet damage to a carpet already near the end of its useful life yields a small recoverable loss, not the price of new carpet.

A note on assistance animals

Service animals and emotional support animals are generally not 'pets' for the purposes of pet fees and pet rent under federal fair housing rules, and charging a pet deposit for one raises separate legal issues. A landlord may still charge for actual damage an assistance animal causes. If you were charged pet fees for an assistance animal, that is a matter worth raising with a fair housing agency or an attorney, not just a deposit dispute.

Your state sets the actual rule

Deadlines, penalties and itemization requirements differ everywhere. Open your state for the statute, the exact deadline, and what the penalty is for missing it.

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Common questions

I paid a pet deposit. Can they still take my security deposit for pet damage?
Not for the same damage, in most readings — the pet deposit exists precisely to cover it and should be applied first. If both were taken for the same items, say so explicitly in your demand letter.
The landlord says the whole apartment smells. Is that chargeable?
Odor alone, without documented damage or a remediation invoice, is a weak deduction. Ask what was actually done, what it cost, and to see the invoice. Odor tied to documented urine saturation is a much stronger claim for the landlord.
Can they charge for flea treatment?
If an infestation is documented and traceable to your animal, treatment costs are commonly chargeable. A routine preventive spray applied to every unit between tenants generally is not.

General legal information, not legal advice. The wear-and-tear standard is applied fact by fact and varies by state and court; nothing here predicts an outcome in your situation. For advice about your specific facts, consult a licensed attorney in your state.

Not sure which of your charges are legitimate?

Enter the deductions from your itemized statement and see which ones are normal wear and tear — and what the disputable total comes to.

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