California law adds new compliance layer for rental property owners
The law requires landlords to post the pet policy on the property’s website, include it in digital advertisements they control, and provide it to residential rental search engines. Third-party platforms are covered only “to the extent that the third party permits the inclusion of a hyperlink or other electronic access.” The landlord is not liable for errors when a third party scrapes or republishes the policy without written permission.
Every rental application must include a written copy of the pet policy, and the application form must have a space for the prospective tenant to acknowledge receipt.
The policy itself must contain “a clear, plain-language description of the rights, responsibilities, and requirements for tenant pet owners at the property, including any other material rules, conditions, or restrictions applicable to keeping a pet.” Even properties that ban pets must put that prohibition in writing. Properties with no restrictions must state that there are none.
The financial hook: if a landlord charges an application fee but fails to disclose the pet policy first, and the applicant becomes ineligible or walks away as a result, the applicant can request a written refund. The landlord has seven business days to return the fee.
The law does offer some room. Substantial compliance counts – providing “the material terms” of the policy satisfies the requirement. A “nonmaterial error or omission that is corrected upon notice” is not a violation. And landlords can amend pet policies for prospective tenants only.
