No, they can’t charge ESA owners’ pet rent. Under federal housing rules, landlords are not allowed to charge any of the following if you have an emotional support animal:
- pet fee
- pet deposit
- application fee
Even if the building requires all pet owners in the building to pay monthly pet rent, ESA owners are exempt. To get this benefit, you’ll need to give your landlord an ESA letter.
Click below for help from a licensed professional who can write an ESA letter, which will exempt you from pet rent.
How to Request Pet Rent Exemption
When you need to ask your landlord to waive pet fees, first make sure you have a current ESA letter from a licensed mental health professional. It should be signed, dated within the past year, and include the professional’s license info.
Send an email or letter that’s friendly but direct:
“Hi [Landlord’s Name],
I wanted to let you know that I have an emotional support animal as recommended by my healthcare provider for my disability. I’ve attached their letter confirming this. Since emotional support animals are assistance animals under the Fair Housing Act (not pets), I’m requesting that the [pet fee/deposit/monthly pet rent] be waived. I’m happy to answer any questions you might have about this.”
Keep copies of everything — all emails, letters, and your ESA documentation — and follow up if you don’t hear back within a week.
When Landlords Still Charge Pet Rent for ESAs
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.
What to Do if Your Landlord Won’t Waive Pet Fees
If your landlord refuses to waive the fees even after seeing your valid ESA letter, try these steps:
- Have a friendly chat. Sometimes landlords just don’t understand the law. You could say: “I understand there might be some confusion about ESA regulations. The Fair Housing Act treats emotional support animals differently from pets. They’re considered assistance animals, and housing providers can’t charge pet fees for them. I’d be happy to share more information about this if it would help.”
- Send an educational email that includes links to HUD’s official guidance on emotional support animals, which plainly states that landlords can’t charge pet fees.
- If they still won’t budge, you can consider filing a complaint with your local HUD office or your state’s fair housing agency.
Remember, being charged pet fees for emotional support animals is considered discriminatory because ESAs are legally protected assistance animals. Having an ESA isn’t just good for your mental health — it can save you hundreds of dollars in pet-related fees, too!
Get your ESA Letter in 3 easy steps online
Hi, I live in Arkansas and I am currently working to get my animals certified as ESAs. A housing company is trying to tell us that even as ESAs we still have to pay pet rent and pay the pet fee. I know ESA laws are changed slightly in Arkansas, however, I did not believe it changed their protections it just changed how to obtain and what needs to be stated when obtaining an ESA. Are ESAs still protected under the Fair Housing Act?
Yes, ESAs are absolutely still protected by law in Arkansas! As you point out, a few things have changed however regarding the process to get an ESA letter. We recently wrote about the new law in Arkansas here: https://esadoctors.com/arkansas-emotional-support-animal-laws/
If you need an ESA letter for Arkansas, we can help you get a fully compliant ESA letter by starting here.
I live in Orlando Florida and I’m getting an emotional support dog for my disability and my landlord is trying to charge me a $500 nonrefundable deposit and increase my rent by $50 a month. I even mentioned that it’s for my disability but their response was that because they never had a dog in the unit before. Mind you there’s plenty of dogs in the neighborhood. So if I end up getting the dog anyways, what consequences could I possibly face? Or they wouldn’t be able to do nothing at all?
If you have submitted a valid ESA letter to your landlord and your landlord has acknowledged that you have an emotional support animal, they cannot charge you any pet deposits or pet rent. You might be entitled to a refund of these fees, please see this link for more info: https://esadoctors.com/esa-fees-refunded/
Can my landlord charge a $300 cleaning fee for an ESA?
**apartment does not allow pets.
Landlords can charge cleaning fees if there was an out of the ordinary mess caused by the emotional support animal.
Hi. I live in Massachusetts and I recently obtained the ESA Housing Letter. I’ve already informed my landlord about my pet. The current lease is under my husband’s name, and I’m not listed as a tenant. They suggested that we go through the registration process again to add my name to the lease, which comes with a $300 fee. Is there any possibility of waiving off this registration fee?
If the fee is directly related to the ESA, it cannot be charged. However, if it is purely a fee relating to your application to be part of the lease, then it may be allowed.
Question… a lady I know is 73,lives in low income housing in Illinois, has a letter from her physician that she needs her dog bc of emotional problems & depression. The hud housing office is saying the dog needs to go through tests n training n be registered but I read in Illinois the Dr. Letter is all that’s needed.
Emotional support dogs do not require specialized training, nor do they need to pass any tests or be registered. You qualify for an ESA by getting an ESA letter from your therapist or doctor.
Hi I moved into an apartment that has a no pets policy. Recently due to mental health issues I have requested to have a emotional support animal. My landlord is saying I can’t have one and if I get one I have to pay $100 extra a month and have to pay $200 pet deposit. I don’t believe that’s legal?
If you have a valid emotional support animal your landlord cannot charge any fees or deposits under Fair Housing rules.
My sons landlord is demanding money for his ESA. He said he doesn’t care that they have an official document and is asking for the original paperwork even though he as copies of all documents is that legal?
If the tenant has a valid emotional support animal, they are fully exempt from pet fees and deposits.
My new landlord had the Pet deposit of $350 on the lease until I gave him the ESA documents. He changed it to an exit cleaning fee of $350. I don’t see where it addresses this anywhere. Shameful, but legal?
Tenants are responsible for damage caused by their ESA. If your landlord is charging a cleaning fee, they should point out to you where that was agreed to in advance, or point to the specific damage that necessitated the cleaning fee.