If you want to know about living with an emotional support dog in Texas, you have come to the right place. If you live in Austin, Dallas, Houston, or any other city in Texas, the same rules apply for living with an emotional support dog in an apartment complex.
Ready to qualify for an ESA Letter in Texas?
You can see if you qualify for an ESA Letter by completing the ESA questionnaire in the “Get Started” link below. A licensed mental health professional will assist you directly in the process. If they determine that you qualify for an Emotional Support Animal for Texas, they can write you an ESA Letter on their official letterhead.
Laws about emotional support dogs in Texas apartments
The federal Fair Housing Act and guidelines published by the U.S. Department of Housing protects owners of emotional support animals in Texas.
Under these rules, housing providers are not allowed to discriminate against tenants who need an emotional support animal. Even buildings that prohibit pets must reasonably accommodate tenants who own emotional support animals. ESAs are not considered pets, they are assistance animals for people with mental health issues. Thus, they are generally exempt from pet rules a residential building may enforce.
In addition, ESA owners are exempt from pet fees, pet deposits and size/breed restrictions. Fair Housing laws prohibit Texas landlords from discriminating against tenants solely due to their need for an emotional support animal.
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Qualifying for an Emotional Support Animal in Texas
To qualify for an emotional support animal in Texas, a person must have a mental or emotional health disability and a need for an emotional support animal to assist with that disability. Mental health conditions like depression, anxiety, PTSD, bi-polar disorder and panic disorders can qualify, as long as they substantially limit one or more major life activities.
An emotional support animal does not need any specialized training. They are dogs, cats, birds, fish and other small, domesticated pets that provide comfort just through their presence. Many people already own a pet that may effectively be serving as their emotional support animal.
You prove you have met the qualifications for an emotional support animal by showing your landlord a signed ESA letter from a licensed healthcare professional.
Getting Approval for an Emotional Support Animal
Before moving your emotional support animal into a no-pets building, your housing provider has the right to verify your request. Under HUD guidelines, housing providers have to promptly consider a tenant’s ESA request and ESA letter.
Housing providers can only reject an emotional support animal if they have a valid excuse. For example, they can properly deny an ESA that has demonstrated itself to be dangerous or unsafe around others. An ESA that has caused significant property damage can also be excluded.
Before approaching your landlord about an emotional support animal, it’s important to be prepared. You should have an ESA letter from a licensed healthcare professional verifying your need for an emotional support animal.
If you need a Texas licensed healthcare professional to evaluate whether you qualify for an ESA letter, we can help. ESA Doctors can connect you to a Texas professional that can help with your ESA needs. Just click on the link below to get started today.
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I have a doctors letter for an ESA I applied at an apartment complex but they are saying my letter from my doctor is from 2020 and they need it dat d within the last 90 days
Why when I have the same dog
You generally do need a letter that is no less than a year old. The reason is that a healthcare provider would not be able to confirm an ESA letter is still valid if the most recent evaluation they have on file is several years old. Please see this post for more details: https://esadoctors.com/do-esa-letters-expire-how-to-renew/
I put in a request for and ESA and provided my apartment with a letter from my provided. They came back and stated they needed what my disability hinders me from doing and what my dogs assist with. The state that under HUD they are allowed to request this. Is this true?
Under HUD guidelines landlords cannot ask for specific details about a tenant’s condition. ESAs also do not perform specific tasks like service dogs. They provide comfort just by being present.
My landlord put a 48 hour time limit on when I could turn in my ESA paperwork. I let her know that my provider couldn’t get it don’t until after the 48 hours was up. She ignored me and when I turned in my required paper work a day after the 48 hours she said she was closing my request because I turned it in late. Is it legal to put a time limit on when I turn in my paperwork
We’re not sure why there was a time limit in this situation, but typically a landlord has to consider an ESA request whenever the tenant submits it.
My landlord is fining me for a puppy that I am registering as an ESA
She owns three single family homes in this county and two in another
Is she expect from the fair housing laws or must she comply
Fair housing laws exempt owner-occupied buildings with no more than four units and single-family homes sold or rented by the owner without the use of an agent.
I moved in without a pet/animal. I found 2 stray cats on the road and brought them in. The landlord made entry into my apartment for a work order and found the cats. I completed the landlord form for Household pets but never added them to the lease or paid any fees. I have been charged pet violation fees daily. A month later I got a letter for an ESA and although the ESA was approved and all pet fees refunded, they are still charging me the violation fees. Can they do that?
Unfortunately the violation fees may not be refundable since at the time the fees were charged your cats were technically not emotional support animals.
How long does my landlord have to approve my esa
HUD guidelines recommend that landlords respond to an ESA request within 10 days.
My complex is sling for a $100 pet fee and a $250 pet deposit. Is this legal
Please see this post for more info: https://esadoctors.com/esa-fees-refunded/
Is it legal for a apartment to do a 400$ fee per pet
Please see this link for more info about pet fees and deposits: https://esadoctors.com/esa-fees-refunded/
My new apartment building asked me to sign a document giving them permission to ask my therapist for information regarding my letter. Is this legal?
In our experience that is a very unusual request. HUD guidelines generally prohibit landlords from seeking medical records or specific information about a tenant’s condition from their healthcare professional.
Is it the same rule for a house or is it different?
Houses are also subject to ESA rules unless they are owner-occupied buildings with no more than four units or single-family homes sold or rented by the owner without the use of an agent.
Can they tell you you can’t get a puppy a ESA?
There is no age minimum or maximum for emotional support animals.
My landlord is asking for a prescription. Apparently my letter from my therapist isn’t enough. I have done my research with HUD and Fair Act, they are determined that I have a prescription only.
Your landlord is mistaken about ESA laws, you do not need a “prescription”. An ESA letter is all you need under HUD rules. You may want to show them the research you have done.
Can apartments deny my ESA dog because of it breed and if my dog breed is one that’s not accept by the apartment.
Landlords are not permitted to deny an ESA solely based on its breed. Please see this link for more info on ESA housing rules: https://esadoctors.com/emotional-support-animal-laws-housing/