Two of the most common questions we get, from both sides of a lease, are what a landlord can charge for a pet and whether an emotional support animal counts. The answers depend on something most articles skip entirely: which side of the Olympia city line the property sits on. Inside the city, the numbers are fixed by ordinance. Outside it, state law applies and the numbers are open. And for assistance animals, a separate set of federal rules overrides both.
Here is each rule with the code section or guidance document it comes from, so you can check it rather than take our word for it.
The short answer, by location
| Inside Olympia city limits | Tumwater, Lacey, unincorporated county | |
| Pet damage deposit | Capped at 25% of one month’s rent | No statutory cap |
| Pet rent or other pet fee | Not permitted | Not prohibited by state law |
| Security deposit | Capped at one month’s rent | No statutory cap |
| Late fee | Capped at $10 per month | State law rules apply |
| Assistance animal deposit or fee | Not permitted | Not permitted, under federal fair housing rules |
| Charging for actual damage | Permitted | Permitted |
One line worth memorising: an assistance animal is not a pet, and the no fee rule for assistance animals applies everywhere, not only inside Olympia.
What state law does and does not do
Washington sets no statewide cap on residential security deposits, and none on pet deposits either. What state law regulates is the paperwork. Under RCW 59.18.260, before a landlord may collect and keep any deposit there must be a written rental agreement setting out the terms and conditions under which the deposit may be withheld, a written move-in checklist or statement, and that checklist signed and dated by both landlord and tenant with a copy given to the tenant.
Subsection (5) supplies the teeth. If those conditions are not met, the landlord is liable to the tenant for the amount of the deposit, and the prevailing party may recover court costs and reasonable attorney fees. A pet deposit collected without a written agreement describing it is not a pet deposit, it is money the landlord is going to give back.
At the other end of the tenancy, RCW 59.18.280 requires a full and specific statement of anything withheld, with documentation, within 30 days after the tenancy ends and the tenant vacates. Our guide to Washington security deposits covers that sequence in detail.
Inside Olympia, the numbers are fixed
Olympia’s rental housing code, OMC Chapter 5.82, settles the questions state law leaves open:
- OMC 5.82.050(A): a pet damage deposit may not exceed 25 percent of one month’s rent.
- OMC 5.82.050(B)(1): a landlord may not require a pet damage deposit for an animal that serves as an assistance animal.
- OMC 5.82.050(E): a landlord may not charge the tenant any fee for keeping a pet.
- OMC 5.82.060(A)(2): a refundable security deposit or last month’s rent to secure possession may not exceed one month’s rent.
- OMC 5.82.060(A)(5): late charges may not exceed $10 per month.
Work through what that means in practice. On a rental at $2,000 a month inside Olympia, the pet damage deposit ceiling is $500, the security deposit ceiling is $2,000, and there is no lawful monthly pet rent on top. A pro forma built on $50 a month in pet rent plus a $700 pet deposit does not survive contact with the ordinance.
The E subsection is the one that catches people out, because pet rent has become standard in other markets. It is a fee for keeping a pet, and inside Olympia that category is closed.
Tumwater, Lacey and the unincorporated county
Tumwater has a rental housing code, TMC Chapter 5.75, but it does a different job. It covers tenant information packets, disclosure of recurring fees in the written agreement, rent increase notice periods and notice to vacate requirements, and it points to the state deposit statutes rather than setting its own caps. It contains no pet deposit cap, no pet fee prohibition and no security deposit cap.
So for a Tumwater, Lacey or unincorporated county property, the pet numbers are a business decision rather than a compliance one, bounded by state law paperwork rules and by the market. That is a real difference between two properties fifteen minutes apart, and it is worth knowing which set your property falls under before you write the listing.
Assistance animals are not pets
This is where the most expensive mistakes happen, and the governing document is HUD’s assistance animals notice, FHEO-2020-01, issued January 28, 2020. It is written for housing providers and it is refreshingly specific.
The core rule: a housing provider may not charge a deposit, fee or surcharge for an assistance animal. Not a pet deposit, not pet rent, not a one-time pet fee. Inside Olympia the city code says the same thing at OMC 5.82.050(B)(1), but the federal rule reaches every property regardless of city limits.
Washington law supports this from its own direction. RCW 49.60.222 makes it an unfair practice in a real estate transaction to refuse to make reasonable accommodation in rules, policies, practices or services when the accommodation may be necessary to give a person with a disability equal opportunity to use and enjoy a dwelling. An animal that a person needs because of a disability is the textbook example of such an accommodation.
What a landlord may ask
If the disability and the disability-related need are obvious, nothing further is needed. Where they are not, the HUD notice permits a request for documentation confirming that the disability exists, and evidence that the animal does work, performs tasks, provides assistance or provides therapeutic emotional support with respect to that disability. For an unusual animal, documentation from a health care professional about the specific disability-related need may be requested.
What may not be asked for is the diagnosis, the medical records, or the details of the condition. The question is whether there is a disability-related need, not what the condition is.
Internet certificates, honestly
Registries selling certificates, vests and ID cards are a real problem and landlords are right to be sceptical. The HUD notice addresses it directly: documentation from the internet is not, by itself, sufficient to reliably establish a non-observable disability or a disability-related need.
Note the phrasing. Not sufficient by itself is not the same as worthless. The correct move on receiving one is to ask for information from a person with personal knowledge of the individual, not to reject the request on the spot. Refusing outright because the paperwork came from a website is how a landlord ends up on the wrong side of a fair housing complaint while being right about the certificate.
When a request can be refused
The HUD notice sets narrow grounds. The specific animal poses a direct threat that cannot be eliminated or reduced to an acceptable level. Or granting the request would impose a fundamental alteration, or an undue financial and administrative burden.
Read the word specific. The assessment is about that animal and its actual behaviour and history, not about breed, size or weight. A blanket no dogs over 40 pounds rule, or a breed list from an insurer, does not by itself carry a refusal of an assistance animal. If your insurer genuinely restricts a breed, that is a conversation to have with the insurer and with your attorney before it becomes a conversation with an applicant.
Damage is still chargeable
The no fee rule is about charging in advance. The HUD notice is explicit that a housing provider may charge a tenant for damage an assistance animal causes, where it is the provider’s usual practice to charge tenants for damage. So the accounting at move-out works the same way it does for anything else: document the condition at move-in, document it at move-out, and deduct actual damage with documentation under RCW 59.18.280. Our post on tenant maintenance responsibilities covers where ordinary wear ends and damage begins.
Service animal, assistance animal, pet: three different things
| Category | What it means | Deposit or fee |
| Service animal | Under RCW 49.60.040(25), a dog or miniature horse individually trained to do work or perform tasks for a person with a disability | None permitted |
| Assistance or support animal | Broader under the Fair Housing Act per HUD FHEO-2020-01: trained or untrained animals that do work, perform tasks, provide assistance, or provide therapeutic emotional support | None permitted |
| Pet | An animal kept for companionship with no disability-related role | Permitted, subject to local caps |
The middle row is the one that surprises people. The Fair Housing Act category is deliberately wider than the ADA service animal definition, and it does not require training. That is why an untrained cat can be an assistance animal in housing while it would not be a service animal in a restaurant.
Misrepresenting a service animal in Washington
Washington does address the abuse. Under RCW 49.60.214, it is a civil infraction under chapter 7.80 RCW for a person to misrepresent an animal as a service animal or a service animal trainee, where the person knew or should have known the animal did not qualify. The same statute limits an enforcement officer to two questions: whether the animal is needed because of a disability, and what work or task it performs. The officer may not ask about the nature of the disability or require certification.
Two practical points. First, that two question limit is written for enforcement, and it is narrower than what HUD allows a housing provider to ask when a disability is not obvious, so do not import the two question rule into your application process. Second, the enforcement route exists but it is not a landlord self-help remedy. If you believe a claim is false, the answer is documentation and legal advice, not a refusal at the counter.
Draft lease clause to take to your attorney
The block below reflects the code sections and guidance above. Treat it as a starting point and not as legal advice, and have your attorney review it before it goes into a lease. Clause 2 is written for an Olympia property, so adjust or remove the bracketed note for properties outside the city.
PETS AND ANIMALS
1. No animal may be kept at the Property without Landlord’s prior written
consent, except as required by law for assistance animals.
2. Where consent is given for a pet, Tenant shall pay a pet damage deposit of
$______, which does not exceed 25% of one month’s rent. No other pet fee,
pet rent or pet surcharge is charged. [Olympia properties]
3. No pet damage deposit, fee or surcharge is charged for an assistance
animal. Tenant remains responsible for any damage caused by any animal on
the same basis as any other damage under this Agreement.
4. A request for an assistance animal will be considered as a reasonable
accommodation request. Where the disability or the need is not readily
apparent, Landlord may request supporting information consistent with
applicable fair housing guidance.
5. Tenant shall keep any animal under control, clean up after it, and comply
with all applicable animal control ordinances.
A checklist for owners
- Confirm which jurisdiction the property is in before you set any pet number. Olympia city limits and unincorporated Thurston County are different regimes.
- Inside Olympia, cap the pet damage deposit at 25 percent of one month’s rent and remove pet rent from your pro forma entirely.
- Charge no deposit, fee or surcharge for an assistance animal anywhere.
- Put every deposit in the written rental agreement with the withholding terms stated, and complete a signed move-in checklist, or RCW 59.18.260 hands the deposit back.
- Replace breed and weight lists with a conduct standard for assistance animal requests, and assess the specific animal.
- Handle a suspect internet certificate by requesting information from someone with personal knowledge, not by refusing.
- Document condition at move-in and move-out so actual damage remains chargeable regardless of the animal’s category.
A checklist for renters
- Inside Olympia, a pet damage deposit above 25 percent of one month’s rent, or any monthly pet rent, is not permitted by the city code.
- No deposit or fee may be charged for an assistance animal, in Olympia or anywhere else.
- Make the request in writing and keep a copy, including any documentation you provide.
- You may be asked for confirmation that a disability exists and that the animal helps with it. You should not be asked for your diagnosis or your records.
- You are still responsible for damage your animal causes, and for keeping it under control.
- Ask for the signed move-in checklist. Without it, your deposit is not properly held under state law.
Frequently asked questions
Can a landlord charge pet rent in Olympia?
Not inside the city. OMC 5.82.050(E) provides that a landlord may not charge the tenant any fee for keeping a pet, beyond the pet damage deposit the code allows. Monthly pet rent is a fee for keeping a pet, so it is not available inside Olympia city limits. Outside the city, state law does not prohibit it.
How much can a pet deposit be in Olympia?
A pet damage deposit may not exceed 25 percent of one month’s rent under OMC 5.82.050(A). On a $2,000 rental that is $500, and it is the only pet-related charge the code permits.
Is there a statewide cap on pet deposits in Washington?
No. Washington sets no statewide cap on residential security or pet deposits. What state law does require, under RCW 59.18.260, is a written rental agreement stating the terms under which the deposit may be withheld, a written move-in checklist signed and dated by both parties, and a copy given to the tenant. Miss those and the landlord is liable to the tenant for the amount of the deposit.
Can a landlord charge a pet deposit for a service or assistance animal?
No. Inside Olympia, OMC 5.82.050(B)(1) states that a landlord may not require a pet damage deposit for an animal that serves as an assistance animal. Federally, HUD notice FHEO-2020-01 is equally direct: a housing provider may not charge a deposit, fee or surcharge for an assistance animal. That applies everywhere, not only inside city limits.
Can a landlord charge for damage an assistance animal causes?
Yes. HUD notice FHEO-2020-01 provides that a housing provider may charge a tenant for damage an assistance animal causes if it is the provider’s usual practice to charge tenants for damage. The rule is no charge in advance, but the same accountability afterward as any other tenant.
What can a landlord ask about an emotional support animal in Washington?
If the disability and the need are obvious, nothing further. If they are not, HUD notice FHEO-2020-01 permits a request for documentation confirming the disability exists and evidence that the animal does work, performs tasks, provides assistance or provides therapeutic emotional support related to that disability. A landlord may not ask for the diagnosis or for medical records.
Is an online emotional support animal certificate enough?
Not on its own. HUD notice FHEO-2020-01 states that documentation from the internet is not, by itself, sufficient to reliably establish a non-observable disability or a disability-related need for an assistance animal. It is also not automatically worthless. The right response is to ask for information from someone with personal knowledge of the individual, not to refuse outright.
When can a landlord refuse an assistance animal?
HUD notice FHEO-2020-01 sets out narrow grounds: the specific animal poses a direct threat that cannot be eliminated or reduced to an acceptable level, or granting the request would impose a fundamental alteration or an undue financial and administrative burden. Breed, size and weight limits are not on that list, and the assessment must be about the specific animal rather than the category.
What happens if someone lies about a service animal in Washington?
Under RCW 49.60.214 it is a civil infraction under chapter 7.80 RCW to misrepresent an animal as a service animal or service animal trainee, where the person knew or should have known the animal did not qualify. The statute also limits what an enforcement officer may ask to two questions: whether the animal is needed because of a disability, and what task it performs.
Pets on a managed property
MVP Property Pros has managed rental homes in Olympia, Lacey and Tumwater since 2004, and pet-friendly properties rent faster and to a wider pool than owners often expect, provided the paperwork is right. On managed properties we set the pet terms to the correct jurisdiction, handle accommodation requests under fair housing rules, and document condition properly at both ends so that damage stays chargeable. If you self-manage and want your pet clause checked, get in touch or call (360) 339-8539.
Disclaimer: Information deemed reliable but not guaranteed, and not to be construed as legal advice. Laws and local ordinances change, and how they apply depends on your property and situation. Consult your attorney or your property manager before acting on anything here. Where possible, statements in this article link to the statute, code section or agency publication they are drawn from, so you can verify them directly.
Sources
- Olympia Municipal Code Chapter 5.82, pet damage deposit cap, assistance animal exemption, pet fee prohibition, deposit and late fee caps.
- Tumwater Municipal Code Chapter 5.75, the Tumwater rental housing code, which sets no pet or deposit caps.
- RCW 59.18.260, written agreement and checklist conditions for holding a deposit.
- RCW 59.18.280, the 30 day deposit accounting requirement.
- RCW 49.60.222, reasonable accommodation in real estate transactions.
- RCW 49.60.040, the service animal definition.
- RCW 49.60.214, misrepresentation of a service animal.
HUD notice FHEO-2020-01, January 28, 2020, assessing a person’s request to have an animal as a reasonable accommodation.