If you have an emotional or mental disability and your pet brings you comfort and a new lease on life, then you may be entitled to housing in “no pets” policy buildings. You are also, by law, not required to pay any extra fees for your ESA or have a weight or breed restriction imposed on you. To learn how to let your landlord know that your pet is an official Emotional Support animal, keep reading below.
Step #1 – Learn About Emotional Support Animals and ESA Letters
An emotional support animal helps people with depression, anxiety, stress, etc. You may already qualify for an ESA and not know it.
An ESA is an animal that provides an emotionally or mentally disabled individual with the love and support they need to live a normal life. An ESA can be any type of animal as long as having that animal does not violate local or state laws. Your pet may currently be working as your emotional support animal already. In order to make it official, you must receive an ESA letter from a licensed therapist.
If you cannot afford a mental health professional on a regular basis, you can still seek the help you need. ESA Doctors can pair you with a licensed therapist online to see if you qualify.
In order to qualify for an ESA letter, you must have an emotional or mental disability that is in line with the Diagnostic and Statistical Manual of Mental Disorders (DSM–5). These include mental disabilities, such as depression, anxiety, PTSD, etc. The impairment must affect your ability to perform major life activities.
Please keep in mind though, if you suffer from suicidal tendencies, you will not be able to seek support online. Instead, you should seek support from a local therapist.
Step #2 – Understand ESA Housing Laws
Emotional support animals are exempt from breed and weight restrictions when renting. Landlords cannot deny renting to ESA owners.
As we discussed earlier, your Emotional Support Animal has the right to live with you in a “no pets” policy building. To learn more about housing rights, you may read this article on the Fair Housing Act on housing rights for Emotional Support Animals.
The key to getting housing in “no pets” policy building is to get an ESA letter from a licensed mental health professional. The landlord does have a right to ask for this documentation before allowing you and your ESA to live in the rental unit. This is different than registering your ESA. You may choose to register your ESA and order them a vest, but they are not an official ESA until you have an ESA letter.
You also cannot force a building owner to allow you to bring in an ESA that is unreasonable. This would apply to horses, llamas, or wild animals into apartment complexes.
You are allowed to have more than one Emotional Support Animal as long as your therapist deems it necessary. For example, having 2-3 cats or dogs may be acceptable but 10 chickens in an apartment may be considered unreasonable.
Step #3 – Informing The Landlord You Have an ESA
You can give your ESA letter to your landlord before OR after you sign the lease. You are not required to let a new landlord know before signing your lease.
If you have been prescribed an ESA for your treatment and are currently living in a “no pets” policy building, you cannot be evicted under the Fair Housing Act. If you are moving into a new apartment, you (the tenant) must request reasonable accommodations from your landlord (preferably through email), explaining that you do have a mental/emotional disability and you need the ESA to lessen the effects of your disability.
Once you have notified your landlord, you should also present him/her with your ESA letter from your mental health professional. You may provide an original hard copy of your letter or send your landlord a digital copy via email.
Are you looking to rent a new apartment? You may give your landlord your ESA letter before or after you sign the lease. You are not required to let your apartment management company know that you need or may need an emotional support animal. There have been a few apartment management companies have been known to discriminate against emotional support animal owners by not extending leases or flat out rejecting their applications. This is not only unethical, but illegal as well. If you are facing these types of discrimination, see below.
A landlord can refuse you housing or evict you if your ESA compromises the safety of the other tenants or their property, or causes the landlord any undue financial hardship. If the landlord refuses or threatens to evict you outside of these conditions, you can file a complaint with the HUD. Remember, the manager, owner or landlord must make reasonable accommodation for you and your ESA under Federal Law.
Emotional Support Animal and Landlord FAQ
- Can a landlord refuse an emotional support dog based on breed?
No, emotional support dogs can be any type of breed and are exempt from breed or weight discrimination. - Can a landlord charge a pet deposit for an emotional support animal?
No, landlords may not charge additional rent or demand a pet deposit for emotional support animals. - Can a landlord ask for proof for my emotional support animal?
Yes, a landlord may ask you for an ESA letter from a licensed mental health professional. - Can my landlord ask me to register or provide registration proof for my ESA?
No, registration is not required for emotional support animals. - Do I have to disclose my disability to my apartment manager or landlord?
No, you do not have to disclose any medical information to your landlord. - Do I have to let my apartment management company and landlord know that I have an ESA prior to signing a lease?
No, you may let your apartment management company know before OR after you sign your lease.
Live Freely With Your ESA
You do have rights when it comes to having an Emotional Support Animal in a “no pets” policy building. Once you have your prescription letter, live freely with your ESA knowing you are both covered by Federal Law.
See if you qualify for an emotional support animal below.
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Under #3 of your article, you state when a landlord can evict you for having an ESA. I am looking to apply at an apartment that does not allow pets and either their website or their application states that you must guarantee that both your service animal or ESA must be quiet and that they will evict you if neighbors complain of it barking. According to your article, that is illegal. For clarification, can a landlord evict you if your neighbors complain about your dog making noise? We all know that it is a fact that a dog will bark.
That is generally not a good reason for a landlord to reject an emotional support animal. It’s reasonable to expect that a dog will make some noise. However, an ESA cannot create a persistent nuisance for other tenants.
I’ve recently been approved for a 2nd ESA (residing in CA). Can I just provide the property management the updated letter for both dogs prior to an upcoming renewal? Can they evict for having an approved 2nd?
You should provide the updated ESA letter to them before moving in your second ESA. Landlords have to accommodate ESAs unless they have a valid exemption. For example, if the presence of another ESA created a safety or health concern.
What if I’m living in a no pet residence for 5 years and want to get an ESA ? I have been diagnosed with anxiety and depression . I’m miserable right no. And I think that it might be something to help. How would I go about this now that I have already been living here?
You are allowed to submit an ESA letter even after you have moved in and signed a lease. It is not uncommon for tenants to need an emotional support animal after moving into a building due to changed circumstances. You might find this article helpful as well: https://esadoctors.com/when-do-i-have-to-tell-my-landlord-about-my-esa/
My doctor has switched practices and because of this they say my letter does not qualify for an ESA and they demand a new one. Do I need a repeat letter that has his new practice on it? Even if it was completed in Feb 2022?
If your landlord is still able to verify the letter we’re not sure why it should matter if your ESA letter has an older address on it.
Can a land lord charge a monthly rent for the Esa? Can they charge a deposit for the Esa? The landlord wants a 4000.00 deposit and 500 a month for pet rent.
Landlords cannot charge any type of fees or deposits for emotional support animals. Please see this link for more details: https://esadoctors.com/esa-fees-refunded/
I am considering applying to rent a home here in California and the management company requires all applicants to complete a “pet screening” where you must disclose if you have a service/support animal. Is this legal? What is to stop discrimination by properties that are “no pets”?
Landlords are allowed to verify that a tenant has an emotional support animal or service dog. For ESAs, landlords can demand to see an ESA letter from a licensed healthcare professional.
hello im trying to get a support dog for my son he has adhd and going to coastal for appointment how can i get a letter to have a dog in where i rent from i really need help with this
Please see this link for details on how to qualify for an ESA letter: https://esadoctors.com/esa-letter/
My landlord says me and my dr have to fill out their reasonable accommodation form for my ESA dog. I am not disabled however I do have several disabilities (ADHD, anxiety) that can be debilitating at times. I keep getting denied because my Dr will not check off that I’m disabled. I started this process before the dog arrived here in April 2023 and still continue getting denied. I tried filing a complaint with department of housing urban development and they denied my claim. They will probably try to evict me. What can I do? I mean the landlord doesn’t have a good reputation of approving requests. Their name is WODA Cooper.
You do not need to fill out a specific form that your landlord provides, but the landlord is entitled to see a letter from your licensed therapist or doctor. The letter must confirm you have a mental health condition that meets the criteria for being a disability under Fair Housing rules.
Can a landlord request a notarized document before submitting my paperwork to metropolitan housing?
No, please see this link for more info: https://esadoctors.com/hud-housing-rules-emotional-support-animals/
Do you have any guidance on what I am to say in emailing my current apartment complex about an esa? For example, can I just subject ESA request, and then inform them I have an esa and attach the letter and be done??
That approach is fine. Please see this article for more info that on that topic: https://esadoctors.com/what-to-do-with-your-esa-letter-after-you-get-it/
Do i need to let my landlord know of my ESA’a prior to signing a lease or moving into to a new property?
You should inform your landlord and get their approval prior to the ESA moving in. That can be done before or after signing the lease. You may however run the risk of unnecessarily offending your landlord if you disclose it after the signing the lease if they feel you weren’t being forthright.
If the landlord is offended, can they evict for “unauthorized animal”?
Just being offended is not a valid reason to reject an ESA. Your landlord however is entitled to see that you have an ESA letter before they approve your animal to live in a no-pets building.
how does ESA doctors work for CA. new laws state that you must have a “relationship” with the physician for 30 days prior to obtaining a ESA.
The LMHPs we work with all comply with the new CA rules. Please see this article for more info: https://esadoctors.com/do-i-have-to-wait-30-days-to-get-an-esa-letter-in-california/
What if the landlord does not rent to you because of the ESA if you tell them before you sign your lease? And can my primary care physician write my ESA
If you can prove a landlord did not rent to you because of an ESA, you may have a claim of housing discrimination. And yes, primary care physicians are able to write ESA letters.
When applying for new rentals some applications are saying that we must disclose ESAs when we apply, however I feel like that will cause us to be denied. If we don’t disclose our ESAs until after we sign a lease would the landlord then have grounds to evict due to us not listing them on the application?
We recently wrote an article about this topic which you can find here: https://esadoctors.com/do-i-have-to-disclose-my-esa-when-filling-out-a-lease-if-the-property-is-no-pets/
So my doc wants me to get an emotional support dog and gave me the paperwork and everything. My landlord told us last week no more pets. How do I tell my landlord about this?
A friendly conversation is a great way to broach the subject of an emotional support animal. You should also have your ESA letter ready to share with your landlord. It’s also helpful to be up to date on the latest ESA rules so you can speak to your housing provider confidently. Please see this article for more information on federal ESA guidelines: https://esadoctors.com/emotional-support-animal-laws-housing/
A landlord with 3 separate SF homes says they are not held to the Fair Housing Act for ESAs. They have a no animal policy they say due to the Owner’s allergies. They do not live in any part of the rental homes but because they can come in to repair or inspect with proper notice they do not want to be ill affected by the presence of whatever aspect of forbearing animals they react to. I qualify for an ESA but am putting off getting one since housing is tight and it seems the Owner is within the law. Can you confirm this scenario seems correct?
If you live in an owner-occupied building with no more than four units or a single-family homes sold or rented by the owner without the use of an agent, then your landlord may be exempt.
Can you please provide a reference to where we can find sources to the last question in the FAQ: “Do I have to let my apartment management company and landlord know that I have an ESA prior to signing a lease?
No, you may let your apartment management company know before OR after you sign your lease.” Thank you!
Please see section 6 of this article: https://esadoctors.com/hud-housing-rules-emotional-support-animals/
I signed a lease and haven’t moved in yet. They charge $500 total for both my animals and $50 monthly for both. I do have a medical condition that would make this valid. If I had her the paperwork on the day I move in what could happen?
You may find this article helpful: https://esadoctors.com/esa-fees-refunded/