What is the procedural path for an unauthorized pet?

3-day cure or quit citing the no-pets lease clause. Cure = remove the animal. If not cured, UD on the lease-violation just cause. But first, screen for ESA/service animal — accommodation requests change the analysis entirely.

What if the tenant claims it's an ESA?

Engage the interactive process. You can request a letter from a licensed healthcare provider confirming the disability-related need. Under AB 468, that letter requires a 30-day client-provider relationship and a clinical evaluation. If verification supports the accommodation, no-pets policies, pet rent, and pet deposits don't apply to that animal.

What if I serve a cure-or-quit and then learn it's an ESA?

Withdraw the notice and start the interactive process. Proceeding to UD after notice of an accommodation request is a fair housing problem. The accommodation analysis comes first, even if it interrupts a procedurally valid notice.

Can I charge pet rent on a service animal or ESA?

No. Federal FHA and California FEHA prohibit charging pet rent, pet deposits, or any pet-related fees for accommodation animals.

What if there's damage from an authorized service animal?

Actual damage attributable to the animal can be charged against the security deposit at move-out, same as any other tenant-caused damage. The no-fee rule applies to upfront charges, not to recovery for actual damage caused.

Tenant Has Unauthorized Pet in California — Cure or Quit, the ESA Carve-Out, and Documentation

TL;DR

3-day cure or quit citing no-pets clause = standard path. But screen for ESA / service animal first. If verified accommodation, no notice goes out — interactive process governs. AB 468 ESA letters require 30-day provider relationship plus clinical evaluation. No pet rent or deposit on accommodation animals.

The procedural path

Screen for ESA/service animal. If the tenant communicates accommodation request, run the interactive process before serving any notice.
If no accommodation claim: 3-day cure or quit citing the lease pet clause.
Cure = animal removed. Documentation: written tenant confirmation, possibly a follow-up walk-through.
If not cured: UD on lease-violation just cause.

ESA claim mid-notice = withdraw the notice

If you serve a cure or quit and then receive an accommodation request, withdraw the notice and start the interactive process. Pressing forward with UD after notice of an accommodation request creates fair housing exposure with uncapped damages.

Common questions — unauthorized pet

Procedural path?

3-day cure or quit. Cure = animal removed.

ESA claim?

Interactive process. AB 468 letter requirements.

Cure or quit then ESA?

Withdraw notice. Start accommodation analysis.

Pet rent on ESA?

Prohibited.

Damage from ESA?

Chargeable to deposit at move-out same as any other damage.

Tenant has a pet on a no-pets lease. Cure or quit — after you screen for ESA.