Can a landlord charge a pet deposit for a service animal or ESA?
Finding a rental that welcomes your animal companion can feel stressful—especially when you’re trying to figure out what fees might come your way. The truth is that service animals and emotional support animals have different legal protections than regular pets, which means the rules around deposits and fees change too. So if you have an assistance animal, what exactly can a landlord charge you, and what can’t they?
What’s the difference between a service animal, an ESA, and a pet?
It helps to start with the basics, since the legal distinction matters a lot when it comes to money.
Service Animals
A service animal, under the Americans with Disabilities Act (ADA), is one specifically trained to perform a task for a person with a disability.
For example, a service dog could have specialized training to guide during travel, detect the onset of psychiatric episodes, perform social or sensory tasks, or assist with seizures.
The Fair Housing Act’s definition is broader than the ADA’s definition of a service animal, which is restricted to dogs.
Under federal law, service animals are working animals trained to perform specific tasks for individuals with disabilities, whereas emotional support animals provide companionship and emotional support.
Emotional Support Animals (ESAs)
Emotional support animals are companions that have a beneficial effect on individuals diagnosed with mental health challenges, including depression and anxiety. Their presence helps people with psychological conditions feel calm and comfortable, which can aid in treating and managing their conditions.
As long as the animal can be reasonably accommodated within a home and doesn’t cause a disturbance to others, an ESA can be any type of common household animal. In most cases, they’re dogs or cats. However, rabbits, guinea pigs, and even reptiles can serve in that role. Some of the more unique examples include llamas, alligators, and peacocks.
ESAs are not specifically trained. ESAs do not require any specific training.
Regular Pets
A pet is an animal kept for companionship, pleasure, or aesthetic reasons that does not serve a disability-related function for its owner. Pets have no federal legal protections that override a landlord’s pet policies.
Landlords may prohibit pets, restrict breeds or sizes, charge pet deposits, impose pet fees, and add monthly pet rent for pets without violating any federal law.
Can a landlord charge a pet deposit for a service animal?
Short answer: no.
A landlord cannot charge pet fees for a service animal, and they cannot impose a pet deposit that may be imposed for pets of renters without disabilities.
Service animals in housing are not subject to pet policies, pet deposits, pet fees, breed restrictions, size restrictions, or weight restrictions.
The idea behind this rule is that it would be unfair and discriminatory to charge a person a fee or deposit just because they have a disability requiring a service animal. To charge an additional fee for the service animal would be like charging an individual for using a cane or a wheelchair — the service dog is a vital tool to the owner to overcome the challenges of their disability.
What landlords can and cannot do
Landlords cannot:
- Charge pet fees or impose a pet deposit for a service animal
- Impose policies that limit renters to dogs of certain breeds or sizes
- Deny you housing because you have a service animal
Landlords can:
- Expect a service animal to comply with local requirements for licensing and vaccinations
- Charge for any damages caused by the animal
- Ask for reliable documentation that the animal is a legitimate service animal trained to perform specific tasks
Can a landlord charge a pet deposit for an ESA?
Also no.
No, landlords cannot legally charge extra pet rent, pet deposits, or non-refundable pet fees for emotional support animals (ESAs). Under the Fair Housing Act (FHA), ESAs are considered assistance animals, not pets, and are protected from additional housing-related charges.
Under the Fair Housing Act (FHA), landlords cannot charge a pet deposit or pet fee specifically for an ESA, even in buildings with strict "no pets" policies.
This applies even if the landlord normally allows pets—they still can’t charge fees for ESAs.
What landlords can and cannot do
Landlords cannot:
- Charge extra pet rent, pet deposits, or non-refundable pet fees for emotional support animals (ESAs)
- Impose breed or weight restrictions that would apply to ordinary pets
- Deny housing based on the presence of an ESA with proper documentation
Landlords can:
- Charge you for actual damage caused by your ESA. This includes things like chewed doors, scratched floors, or stained carpets, just as they would with any tenant-caused damage.
- Require proof of need and may charge for actual property damage
- Request documentation to verify the tenant’s disability-related need for the ESA. This documentation must come from a licensed professional, such as a doctor, psychiatrist, or Licensed Mental Health Professional (LMHP), affirming that the animal is needed for the person’s treatment.
Important note: regular security deposits still apply
Having an ESA doesn’t mean that landlords can’t charge other standard rental fees, such as a security deposit. If a tenant with an ESA has an additional pet, the landlord may charge a pet deposit or pet rent for that pet.
What if you already paid a pet deposit?
If you moved in before getting an ESA letter, or if you paid a pet deposit and later realized your animal qualified as an ESA, you’re not stuck.
You can also get a pet deposit refund if you get an ESA letter after moving in. Just present it to your landlord and request a refund.
Having documentation from a licensed mental health professional makes this request much stronger.
What if your landlord is charging anyway?
Landlords can violate Fair Housing rules and face legal consequences if they insist on charging pet rent or pet deposits for emotional support animals. In one case, a property management company got in trouble for subjecting ESA owners to extra fees. The company was charging "application fees, non-refundable deposits, and monthly charges" for tenants with emotional support animals, but waiving these same fees for people with trained service animals. The court ruled this wasn’t fair and made clear that charging pet fees for emotional support animals is discriminatory under Fair Housing rules.
Steps to take
If a landlord is charging you fees for your service animal or ESA, here’s what to do:
Start by submitting a written request for a reasonable accommodation, including supporting documentation from a qualified provider. Keep detailed records of all communications, including emails, letters, and landlord responses.
Explicitly include the phrase: "My ESA is not a pet and I am requesting accommodation under the Fair Housing Act. Per HUD guidance, no pet deposit, pet fee, or pet rent may be charged for my ESA."
If the landlord continues to refuse, consider reaching out to a landlord-tenant lawyer or filing a complaint with the U.S. Department of Housing and Urban Development (HUD).
If you believe you have been unlawfully denied a reasonable accommodation for an assistance animal or have otherwise experienced discrimination in housing, you can file a complaint with FHEO.
FAQs
Can a landlord charge more for an ESA than a regular pet?
No. Raising the base rent specifically because of your ESA is functionally the same as charging a monthly pet fee — it’s illegal under the FHA.
A landlord can’t disguise a pet fee as a rent increase.
What counts as proof of an ESA?
Include your ESA documentation, but don’t feel pressured to overshare. You are not required to disclose your diagnosis or provide full medical records—only the confirmation of need from a licensed provider.
The letter should come from a licensed mental health professional confirming your disability-related need for the animal.
What if my ESA damages the apartment?
If an emotional support animal causes damage, such as stained carpets or scratched walls—the landlord may deduct those repair costs from the tenant’s regular security deposit, the same way they would for any other tenant-caused damage.
Pet deposits aren’t allowed, but damage is your financial responsibility.
Can an ESA be any animal?
As long as the animal can be reasonably accommodated within a home and doesn’t cause a disturbance to others, an ESA can be any type of common household animal.
This includes dogs, cats, rabbits, guinea pigs, birds, reptiles, and other domesticated animals—not just dogs.
Is an ESA the same as a service animal?
No. Under federal law, ESAs are not the same as service animals. Service animals are specially trained to perform specific tasks for people with disabilities. ESAs provide comfort through companionship but don’t need special training.
Both are protected from pet deposits in housing, but service animals have broader legal protections in public spaces under the ADA.
