Are Emotional Support Animals Subject to Pet Deposits?

What Is a Pet Deposit?

A pet deposit is a refundable or non-refundable fee that landlords charge tenants who want to keep pets in their rental units. This deposit typically covers potential damage caused by animals, such as scratched floors, stained carpets, chewed furniture, or odor remediation.

Common Types of Pet-Related Charges:

• Pet Deposit: A one-time refundable or non-refundable payment
• Pet Rent: Monthly recurring charges added to base rent
• Pet Fee: A non-refundable one-time charge separate from the deposit

While these charges are standard practice for traditional pets like cats and dogs, emotional support animals are not classified as pets under federal housing law—they are considered reasonable accommodations for individuals with disabilities.

Are Emotional Support Animals Considered Pets?

No. Emotional support animals are not legally classified as pets. Under the Fair Housing Act (FHA), ESAs are recognized as assistance animals that provide therapeutic support to individuals with documented mental or emotional disabilities.

Key Distinctions:

Because ESAs serve a medical function by alleviating symptoms of mental health conditions like anxiety, depression, PTSD, and bipolar disorder, they are entitled to housing protections that traditional pets do not receive.

Fair Housing Act Protections for ESA Owners

The Fair Housing Act (FHA) is a federal law that prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability. Under the FHA, individuals with disabilities have the right to request reasonable accommodations, including permission to live with an emotional support animal.

What the FHA Prohibits:

Charging pet deposits for ESAs: Landlords cannot require pet deposits, pet fees, or pet rent
Breed or species restrictions: Landlords cannot deny ESAs based on breed, size, or weight limits
Blanket "no pets" policies: ESAs are exempt from standard pet policies
Discriminatory treatment: Landlords cannot treat ESA owners differently from other tenants

What Landlords CAN Do:

• Request ESA documentation from a licensed mental health professional (LMHP)
• Hold tenants financially responsible for any actual damages caused by the ESA
• Deny accommodation if the ESA poses a direct threat to health or safety
• Deny accommodation if the ESA would cause undue financial or administrative burden

When Can a Landlord Legally Deny an ESA?

There are limited exceptions where a landlord may deny the request.

A denial may be lawful if:

• The specific animal poses a direct threat to the health or safety of others
• The animal has caused substantial physical damage to property
• The accommodation would impose an undue financial or administrative burden
• The request would fundamentally alter the nature of the housing provider’s operations

The decision must be based on the individual animal’s behavior — not assumptions about breed or size.

Important Reminder for Tenants

Even though ESAs are protected under the FHA:

• You must provide valid documentation
• Your animal must be well-behaved
• You remain fully responsible for damages

Understanding these responsibilities strengthens your accommodation request and reduces potential disputes.

Sample Tenant Email Requesting ESA Accommodation

Below is a professional, legally appropriate email template tenants can use when requesting ESA approval from a landlord.

Can a Landlord Refuse an Emotional Support Animal?

In most cases, no.

Under the Fair Housing Act (FHA), landlords are required to provide reasonable accommodations to tenants with disabilities, including allowing an Emotional Support Animal (ESA), even in properties with a strict “no pets” policy.

If a tenant provides a valid ESA letter from a licensed mental health professional (LMHP), the landlord must generally approve the request.

So when people ask:

“Do landlords have to accept emotional support animals?”

The answer is typically yes, unless a legally recognized exception applies.

Can Landlords Charge Any Fees for Emotional Support Animals?

No pet-related fees are permitted, but landlords can hold ESA owners financially accountable for damages beyond normal wear and tear. This is similar to how landlords handle pet rent for ESAs; it's prohibited under federal law.

Prohibited Fees:

• Pet deposits (refundable or non-refundable)
• Pet rent (monthly recurring charges)
• Pet application fees
• Additional security deposits specifically for the ESA

What You May Be Charged For:

Landlords can deduct repair costs from your standard security deposit if your ESA causes damage, such as:

• Scratched hardwood floors or torn carpets
• Chewed baseboards, doors, or furniture
• Urine stains or persistent odors requiring professional cleaning
• Damaged walls, screens, or fixtures

Important: Damage charges must be documented with receipts, photos, or invoices. Landlords cannot charge speculative or excessive fees. 

How to Request an ESA Accommodation in Housing

To qualify for Fair Housing Act protections and avoid pet deposit requirements, you must follow the proper accommodation request process.

Step 1: Obtain a Valid ESA Letter

An ESA letter is a document from a licensed mental health professional (therapist, psychologist, psychiatrist, or licensed counselor) that confirms:

• You have a diagnosed mental or emotional disability
• Your ESA provides therapeutic benefit that alleviates symptoms
• The professional is licensed to practice in your state

Note: Online ESA letters from unlicensed providers or "certification websites" are not legitimate and may be rejected by landlords. 

If you need help connecting with a licensed professional, RealESALetter.com provides access to qualified healthcare providers through secure, HIPAA-compliant telehealth consultations. If you’re wondering, is a support pets ESA letter legit, speaking directly with a licensed clinician can help you understand what qualifies as valid and legally compliant ESA documentation.

Step 2: Submit Your Accommodation Request

Provide your landlord or property manager with:

• A formal written request for reasonable accommodation
• Your ESA letter from a licensed mental health professional
• Basic information about your ESA (species, breed if applicable)

Step 3: Allow Time for Review

Landlords have 10 days to respond to accommodation requests, though many respond sooner. They may request additional information if your initial documentation is unclear or incomplete.

Step 4: Receive Approval

Once approved, you can move in with your ESA without paying pet deposits or fees.

What to Do If Your Landlord Charges a Pet Deposit for Your ESA

If your landlord attempts to charge pet deposits, fees, or rent for your emotional support animal despite valid documentation, take the following steps:

1. Educate Your Landlord

Many landlords are unfamiliar with ESA housing laws. Politely provide them with information about the Fair Housing Act and your rights as an ESA owner. Consider sharing resources from HUD (U.S. Department of Housing and Urban Development).

2. Submit a Formal Written Request

Put your accommodation request in writing, including your ESA letter and a clear statement that pet deposits are not required under federal law.

3. Document Everything

Keep copies of all correspondence, emails, texts, and notices related to your ESA accommodation request.

4. Contact HUD

If your landlord refuses to comply, file a complaint with the U.S. Department of Housing and Urban Development (HUD):

• Online: HUD Complaint Portal
• Phone: 1-800-669-9777 (toll-free)
• TTY: 1-800-927-9275

5. Seek Legal Assistance

Contact a fair housing attorney or local legal aid organization for guidance. Many offer free consultations for housing discrimination cases. 

ESA Owner Responsibilities: Avoiding Damage Charges

While you're exempt from pet deposits, you're still responsible for your ESA's behavior and any damage they cause. Here's how to protect yourself:

1. Train Your ESA

Ensure your ESA is well-behaved, house-trained, and does not disturb neighbors with excessive noise or aggression. While emotional support dog training isn't legally required, it's highly recommended.

2. Prevent Property Damage

• Use protective mats or rugs in high-traffic areas
• Trim your ESA's nails regularly to prevent scratches
• Clean up accidents immediately to avoid stains or odors
• Provide appropriate toys to prevent destructive chewing

3. Document the Unit's Condition

Take photos or videos of the rental unit when you move in and move out. This protects you from false damage claims.

4. Maintain Open Communication

If issues arise, communicate proactively with your landlord to resolve them before they escalate.

5. Consider Renters Insurance

Some renters insurance policies cover pet-related damages. Review your policy to understand coverage limits.

Landlord Perspective: Why ESAs Are Treated Differently

Understanding the landlord's perspective can help ESA owners navigate accommodation requests more effectively.

Landlord Concerns:

• Property damage risk: Landlords worry about costly repairs from untrained or destructive animals
• Liability issues: Concerns about aggressive animals injuring other tenants or guests
• Insurance complications: Some insurance policies have breed restrictions or exclude certain animals

Why the Law Protects ESAs:

The Fair Housing Act recognizes that individuals with disabilities should not face barriers to housing due to their need for therapeutic animals. The law balances property owner concerns with disability rights by:

• Allowing landlords to request legitimate documentation
• Holding tenants financially responsible for actual damages
• Permitting denials when animals pose direct threats

By understanding these dynamics, ESA owners can present themselves as responsible tenants while asserting their legal rights.

In conclusion, understanding your rights regarding pet deposits for emotional support animals is essential for securing and maintaining stable housing. Under the Fair Housing Act, landlords cannot charge pet deposits, pet fees, or pet rent for ESAs. 

However, you must obtain legitimate documentation from a licensed mental health professional, remain responsible for any damage your ESA causes beyond normal wear and tear, and be aware that certain housing exemptions—such as some owner-occupied buildings and single-family rentals—may apply. If your rights are violated, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD).

By following the proper procedures, ensuring your emotional support animal is well-behaved, and understanding both your protections and responsibilities, you can confidently navigate the rental market without unnecessary financial burdens. Being informed helps you avoid unlawful charges while maintaining a positive relationship with your landlord.