Arizona Pet Deposits and Fees: What Is Allowed
Arizona’s deposit statute does not carve out pets, so a pet deposit counts toward the 1.5-month limit, and a nonrefundable pet fee needs a written purpose. Here is how the rules fit together.
Does Arizona have a pet deposit law?
Not a separate one in the deposit section. Section 33-1321 limits security, however denominated, to one and one-half month’s rent (A.R.S. 33-1321(A)), and it contains no pet exception or pet allowance. A refundable pet deposit is security, so it counts toward that same ceiling. The Arizona security deposit limit calculator has one box for the total of all refundable security.
Can a landlord charge a nonrefundable pet fee?
The statute requires that the purpose of all nonrefundable fees or deposits be stated in writing by the landlord, and provides that any fee or deposit not designated as nonrefundable is refundable (33-1321(B)). A nonrefundable pet fee therefore needs a written purpose. The section does not say whether such a fee counts toward the 1.5-month limit, so ask a licensed Arizona attorney if the total is high.
What if the pet fee is not labeled nonrefundable?
Then it is refundable. The landlord must account for it in the itemized list on termination, and a landlord that fails to comply with the return rules owes twice the amount wrongfully withheld (33-1321(D), (E)). See the return deadline calculator.
Can pet damage be deducted?
Yes, as damage the landlord has suffered by reason of the tenant’s noncompliance with the tenant duties, such as not deliberately or negligently damaging the premises (A.R.S. 33-1341). The landlord must itemize each deduction, subject to its duty to mitigate. See Arizona security deposit deductions.
Are there rules about pets and a tenant who dies?
The rental agreement section lets a landlord ask for contact information for a person authorized to enter the unit and retrieve the tenant’s property, including an animal, if the tenant dies or is incapacitated, and it sets short deadlines for retrieving an animal (33-1314(E), (F)). That is separate from deposits.
Do assistance animals follow these rules?
Assistance animals raise federal fair housing questions that this page does not analyze. If you rely on one, talk to a licensed Arizona attorney or a fair housing organization before you sign or pay.
What should a pet agreement say?
It should state the amount, whether it is a refundable deposit or a nonrefundable fee, the purpose of any nonrefundable fee, and what the deposit may be applied to. Anything not designated nonrefundable is refundable, and a refundable pet deposit counts toward the 1.5-month ceiling.
A quick comparison
| Payment | Limit | Return |
|---|---|---|
| Refundable pet deposit | Counts toward the 1.5-month limit | Returned or itemized within 14 days |
| Nonrefundable pet fee | Purpose must be stated in writing; the section does not say whether it counts toward the limit | Not refundable if properly designated |
| Fee with no label | Treated as refundable | Returned or itemized within 14 days |
A checklist for tenants with pets
Before you pay, ask for the total in writing and add the deposit, any prepaid rent and any refundable pet deposit; ask which fees are nonrefundable and what purpose is stated in writing; keep the pet addendum and receipts; fill in the move-in form and photograph the unit; and at move-out ask when the inspection will occur and attend it.
A checklist for landlords
Treat a refundable pet deposit as part of the 1.5-month ceiling; designate any nonrefundable fee as such and state its purpose in writing; itemize any pet damage you deduct; and mail the list within 14 days, excluding weekends and holidays, after termination, possession and demand.
Frequently asked questions
Can an Arizona landlord charge a pet deposit?
Yes, as security, but it counts toward the one and one-half month limit because the limit covers security however denominated.
Is a pet fee refundable in Arizona?
Only a fee designated as nonrefundable, with its purpose stated in writing, is nonrefundable. Anything else is refundable.
Is there a separate pet deposit cap in Arizona?
The deposit section has none; pet deposits fall inside the 1.5-month limit.
Can the landlord keep a pet deposit for damage?
Yes, for damage the tenant caused, itemized in the list the landlord provides within 14 days of termination, possession and demand.
Does the limit apply to service animals?
The deposit section does not address them; federal fair housing rules are outside this page.
Official sources
- A.R.S. 33-1321: security deposits
- A.R.S. 33-1341: tenant to maintain dwelling unit
- A.R.S. 33-1314: rental agreement; contact information; property; pets
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Arizona statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arizona attorney.