Laws for pet deposits, pet fees, and pet rent vary from state to state—and sometimes between towns and cities with city codes and ordinances that address these charges.

A pet deposit is a one-time payment designed to protect the landlord and the leased premises against damages that may be caused by a tenant’s pet. Pet deposits are usually refundable, depending on the terms of the lease agreement and any applicable state or local laws.

Pet fees are usually a one-time payment required of a tenant to allow the tenant’s pet to stay at the property. Pet fees are usually nonrefundable.

Pet rent is a recurring monthly charge for the tenant’s pet to stay at the property and will often vary depending on the size and number of pets that stay at the property.

Laws regarding pet deposits, pet fees, and pet rent are usually located in a state’s statutes—and sometimes towns and cities have additional laws (city codes and ordinances) that govern a landlord’s ability to require additional charges for tenants with pets.

In New York State, there is no specific statute that governs pet deposits, pet fees, or pet rent for residential properties, which means these matters are generally left to the discretion of the landlord and tenant to negotiate within the lease agreement. However, landlords must comply with the terms of the lease and any non-refundable fees should be clearly stated as such. Additionally, New York law limits security deposits (which can include pet deposits) to a maximum of one month's rent for most residential leases under the Housing Stability and Tenant Protection Act of 2019. This limit applies to all new and renewed leases. It's important to note that if a pet deposit is considered part of the security deposit, it cannot exceed this one-month cap. Landlords are also required to return the security deposit, less any lawful deductions for damages, within 14 days after the tenant has vacated the premises. Local laws and ordinances may impose further restrictions or requirements, so tenants and landlords should also check for any applicable local regulations regarding pet-related charges.