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Last Modified on Oct 23, 2026
California’s New Pet Policy Disclosure Law: What Landlords Need to Know Before April 1, 2027
Pets, assistance animals, and SB 1296: a practical guide for rental property owners and managers
By Kent Tierney | Tierney Law Group, P.C.
Key Takeaways
- SB 1296 is now law. Governor Newsom signed it on September 30, 2026. It adds Civil Code section 1942.7.5 and takes effect April 1, 2027.
- Every rental needs a written pet policy, even a property that allows no pets must say so in writing.
- Disclosure is required up front, with every rental application and through the property’s online listings.
- You still decide whether to allow pets. The law requires disclosure, not acceptance.
- Assistance animals are not pets. Fair housing rules continue to govern them, and they remain subject to reasonable conduct standards.
Why Pet Policies Matter Now
Few issues stir more friction in California rental housing than pets. Owners must weigh tenant demand for pet-friendly housing against legitimate concerns about property damage, insurance coverage, noise, common areas, liability, and the rights of other residents.
With the enactment of SB 1296, a written pet policy is no longer simply good practice; it is the law. The months before April 1, 2027 are the right moment for owners and managers to review their leases, pet addenda, rental applications, and online listings.
What SB 1296 Requires
Beginning April 1, 2027, residential landlords and their agents must:
- Maintain a written pet policy or pet addendum. The policy must describe, in clear and plain language, the rights, responsibilities, and requirements for tenants who keep pets, along with any other material rules, conditions, or restrictions. A property that prohibits pets, or that has no pet rules at all, must state that in writing.
- Provide the policy with every rental application. A written copy (electronic, if the application is electronic) must accompany the application, and the application must include a space for the applicant to acknowledge receipt.
- Make the policy available online. Owners must provide a link or other electronic access on the property’s website and in digital advertisements they control. For third-party listing sites and rental search engines, the obligation applies only to the extent the platform permits a link.
Application fee refunds. If a landlord collects an application screening fee without first disclosing the pet policy, and the applicant becomes ineligible or withdraws as a result, the applicant may request a refund in writing. The landlord then has seven business days to return the fee.
Built-in flexibility. Providing the material terms of the policy constitutes substantial compliance, and a nonmaterial error or omission that is corrected upon notice is not a violation. Owners may amend their pet policies going forward for prospective tenants, and are not liable for errors when a third-party site republishes their policy without permission.
What the law does not do. SB 1296 does not require owners to accept pets, build a website, or advertise on any particular platform. It does not change the rules governing service, support, or other assistance animals. A tenant’s refusal to sign a pet addendum cannot, by itself, be the basis for an unlawful detainer, although owners may require a signed addendum as a condition of approving a pet, and may still pursue an eviction for a material lease breach.
Elements of a Well-Drafted Pet Policy
A clear, enforceable pet policy or addendum typically addresses:
- the types, number, and size of animals permitted;
- any lawful deposits or charges (note that a refundable pet deposit counts toward California’s security deposit limit);
- vaccination, licensing, and any pet liability insurance requirements;
- use of common areas, leashing, and waste removal;
- noise, nuisance, and property damage; and
- the tenant’s responsibility for the animal’s behavior.
Owners should also confirm that their policy is consistent with their own insurance coverage. A landlord’s willingness to allow a particular animal does not mean the owner’s insurer will cover it.
Address Unauthorized Pets Promptly
A common problem arises when a lease prohibits pets but a tenant brings an animal onto the property anyway. Ignoring the situation, or allowing the animal to remain indefinitely without documented conditions, can make later enforcement more difficult.
Instead, owners and managers should promptly confirm the facts, review the rental agreement, communicate with the tenant in writing, and determine whether the tenant is asserting a disability-related need for the animal. That last question is critical: an animal that would otherwise violate a no-pet rule may qualify as an assistance animal under fair housing law.
Service and Assistance Animals Are Not Pets
Service animals and other qualifying assistance animals are protected under federal and California fair housing laws. A tenant with a disability may be entitled to a reasonable accommodation allowing an animal despite a no-pet policy or other restrictions, and ordinary pet deposits and pet rent generally may not be charged for an assistance animal.
California has taken steps to curb questionable emotional support animal documentation. AB 468 (effective January 1, 2022) imposes requirements on health care practitioners who provide documentation for emotional support dogs, including an established practitioner-patient relationship and a clinical evaluation.
Even so, accommodation requests should be handled carefully and consistently. Improperly denying a legitimate request can expose a housing provider to significant fair housing liability.
Assistance Animals Must Still Meet Reasonable Conduct Standards
A reasonable accommodation does not require an owner to tolerate genuine problems caused by an animal. When issues arise, focus on, and document, the animal’s conduct rather than challenging the tenant’s disability. Common examples include:
- recurring or excessive barking or other noise;
- aggressive or threatening behavior;
- damage to the unit or common areas;
- repeated failure to remove animal waste;
- violations of reasonable common-area rules; and
- interference with other residents’ quiet enjoyment or safety.
Objective, contemporaneous documentation (dates, photographs, written complaints, and notices) is often decisive if enforcement action later becomes necessary.
Your Compliance Checklist Before April 1, 2027
- Adopt or update a written pet policy for each property, including properties that prohibit pets.
- Attach the policy to every rental application and add an acknowledgment-of-receipt line.
- Post or link the policy on property websites and in digital listings you control.
- Confirm the policy is disclosed before any application fee is collected.
- Review deposit terms against California’s security deposit limits.
- Train leasing staff to distinguish pet requests from reasonable accommodation requests.
- Confirm your insurance coverage aligns with your pet rules.
How Tierney Law Group Can Help
Tierney Law Group, P.C. represents rental property owners, landlords, and property managers throughout the Bay Area and Northern California. We draft and update pet policies, pet addenda, leases, and rental applications for SB 1296 compliance; advise on reasonable accommodation and assistance animal requests; and handle lease enforcement and unlawful detainer matters when problems arise. For a broader look at this year’s changes, see our overview of California HOA and landlord-tenant law changes in 2026.
Contact our office to schedule a review of your pet policies and rental documents before the April 1, 2027 deadline.
Contact Tierney Law Group at (925) 362-3364 or [email protected] to schedule a consultation.
Acknowledgment. This article was informed in part by Bornstein Law’s discussion, “Pets, Policies and Property Rights: California Takes Another Look at Rental Housing” (bornstein.law/pets-in-rental-housing), written while SB 1296 was pending. We appreciate their analysis. Statutory reference: SB 1296 (Stats. 2026, ch. 1025), adding Civil Code § 1942.7.5.
Disclaimer. This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Rental housing law, reasonable accommodation requirements, and local ordinances are fact-specific and subject to change. Consult an attorney regarding your particular situation.
