As a renter, your emotional support animal (ESA) is fully protected by housing laws, even if your building or lease says you can’t have pets. If you’re renting an apartment or home and want to bring your ESA home, we’ll explain what you need to do in this guide.
- In which rental buildings can you have an emotional support animal?
- What is the process for renting with an emotional support animal?
- What rights do emotional support animals have in rentals?
- Can my landlord deduct ESA-related items from my security deposit?
In which rental buildings can you have an emotional support animal?
The first thing to understand is that most, but not all, rental buildings have to accept emotional support animals. ESAs are protected by the Fair Housing Act, which is a federal law that applies in all 50 states. In addition, many states, such as California, Texas, and Florida have additional laws that also protect ESA owners.
That means whether you’re renting in an apartment, house, or RV park, your emotional support animal is exempt from no-pet policies as well as size and breed restrictions. Even if you signed a lease that stated no pets would be allowed, your ESA can still live with you!
Keep in mind certain small landlords don’t have to comply with ESA rules. Your landlord has the right to say no if you live in a building with less than four units and the owner also lives in the building or if you rent a single-family home from the owner without the use of an agent. Otherwise, your housing provider has to follow HUD’s housing rules and make accommodations for your support animal.
What is the process for renting with an emotional support animal?
If you’re a renter and want to make your pet into an emotional support animal, just follow these steps:
- Get an ESA Letter from a healthcare provider. The only document your landlord can ask for to prove your pet is an official ESA is an ESA letter.
- Give your landlord or management company your ESA letter. You can disclose your ESA before or after signing your lease. Check out our guide on how to inform your landlord if you’re feeling anxious about this step.
- Wait for your landlord to approve your ESA. You can’t bring home your ESA until your landlord says it’s okay. They have ten days to respond, and if they have any issues, they have to work with you in good faith to resolve them.
- Request a waiver of pet fees and refund of any pet deposits. If you previously paid a pet deposit, you can request a refund after getting your ESA approved. Also, request a waiver of any monthly pet fees.
- Make sure your ESA behaves. Under Fair Housing rules, your landlord can evict your ESA if they have proof your ESA is a threat to the health or safety of others or has caused substantial property damage. In some cases, even excessive ESA barking can be a concern.
- If you’re in the process of moving to a new rental building, click on the link for our guide on moving with an emotional support animal.
What rights do emotional support animals have in rentals?
If you have an emotional support animal, you have important rights when renting a home. Let’s break down what landlords can and can’t do under the Fair Housing Act.
The basics first: Your landlord must allow your ESA to live with you, even if the building has a “no pets” policy. And they can’t charge you extra for having an ESA. That means no pet deposits, no monthly pet rent, nothing. This is different from regular pets, where landlords can charge these fees.
Size and breed restrictions? Those don’t apply to ESAs. Let’s say your emotional support animal is a 70-pound German Shepherd, and the building normally only allows dogs under 20 pounds — they still have to accommodate your ESA.
Here are some additional rights you should know about:
- Your landlord can’t delay your move-in date just because you have an ESA
- They can’t restrict your ESA in most common areas (like banning them from the elevators)
- They can’t require your ESA to wear special identifications or vests
- They can’t demand to see proof of your ESA’s training
- They can’t ask for your medical records or details about your health condition.
As an ESA owner, you have all of these rights under federal and state laws. Landlords can get in serious trouble for violating the rights of renters with emotional support animals. For example, in one case, federal prosecutors punished a landlord for ignoring a renter’s request to have an emotional support animal and not renewing their lease.
Can my landlord deduct ESA-related items from my security deposit?
If you’re a renter, you probably paid a hefty security deposit, and you might be worried about what your landlord might take from it because you have an emotional support animal.
When it comes to your security deposit, your landlord has specific rights and limitations regarding your ESA.
Here’s what landlords CAN’T do:
- They can’t automatically keep part of your deposit just because you had an ESA
- They can’t deduct “pet fees” or “pet rent” that they couldn’t charge in the first place
- They can’t charge extra cleaning fees just because an ESA lived in the unit (like mandatory deep cleaning or deodorizing)
Landlords CAN deduct from your deposit for any actual damage your ESA causes beyond normal wear and tear:
- Your ESA heavily scratched up the hardwood floors or door frames
- Your ESA stained the carpet beyond normal wear (like multiple urine stains)
- Your ESA chewed through window blinds or cabinet corners
- Your ESA destroyed weatherstripping around doors
- Significant odor damage requiring replacement of carpet padding
Landlords can’t deduct for normal wear and tear items like:
- Light carpet wear in high-traffic areas where your ESA walked
- Minor scuff marks on walls at pet height
- Slight odors that can be eliminated with regular cleaning
- Small nail marks around doorways
- Light fur accumulation in vents that can be cleaned with normal maintenance
To protect your security deposit, document the condition of your unit with photos when you move in AND out. Keep records of any professional cleaning or repairs you do during your tenancy. If your ESA does cause damage, fix it promptly — it’s often cheaper to handle repairs yourself than to have them deducted from your deposit.
Remember: Your landlord must provide an itemized list of any deductions they make from your deposit, and they have to be able to prove the damages weren’t just normal wear and tear. If you disagree with their assessment, you have the right to dispute it.
Qualifying for an ESA letter
If you have mental and emotional health struggles, an ESA might be right for you. If you don’t have access to a professional who provides ESA evaluations, you can connect with one online by clicking the link below.
Start now to see if you qualify for an emotional support animal.
My ESA got approved after I signed my lease (I did mention to them having an ESA during the leasing process), the form they are saying I need to sign says my dog “shall’ be fixed and are trying to make it sound like it is mandated my ESA be fixed (it’s been a personal decision of mine not to fix her prior to me ever going through this process), I have had her for 4 years now, and I just moved into this HUD (low income apartment) in Jan. of this year. Can they make me fix my dog by making me sign that form. Their verbiage is my ESA is ” granted: Pending signing the service/companion animal addendum to the lease. Which means that to keep the animal in your unit and a part of your lease you must sign the Assistive animal policy. The assistive animal policy is a part of the lease and specifies the following: c. Assistive Animal shall be spayed or neutered No Assistive Animal offspring shall be allowed.
(I live in California, if that makes a difference)
Unfortunately there is nothing in California’s ESA laws or federal guidelines that address whether a landlord can make this type of request. The rules are silent on this issue.
I don’t have an ESA pet yet but I’m looking at apartments and I’m planning to get an ESA dog in the future. Does a landlord have to allow my pet even if I get a dog after I sign the lease?
You might find this article helpful: https://esadoctors.com/can-i-get-an-emotional-support-animal-after-i-move-in/
My apartment is stating I can’t bring my pet in the common area despite being certified as an ESA. Is this legal?
ESAs are generally allowed in common areas where other tenants can go, such as lobbies and elevators.
Maine – I applied for an apartment was approved and after the fact the property manager said they didn’t know I had a support animal even though I wrote in on the application where it asks yes/no for pets,and says not including service/support animals. I still wrote “support animal ” and had the last place I was living write on the sheet provided by the property manager where they asked about pets to write support animal. They are requesting I fill out their paperwork “request for accommodations”. I was under the impression I only needed to provide the letter from a medical professional. Or should I go through their process? They want verification from someone about temperament, vet records, proof of being registered with the town and their own form completed and returned from a medical provider.
The latest HUD guidelines prevent landlords from requiring special forms if the tenant has submitted a valid ESA letter. Please see this link for more details: https://esadoctors.com/hud-housing-rules-emotional-support-animals/
I am being harassed and emailed by my manager at the housing complex I live in that’s is funded by HUD. I supplied a letter from my primary Dr stating why I am approved for an ESA animal. I also filled out their legibly application with all hw4 vaccine info an more for a reasonable accommodation. It’s been 20 months and no reply! She keep telling me I can’t have the dog here till my application is approved. When shpukd i wait till anotjer 2 years? And she saod she needs to be removed immediately for violating my lease. What should I do? It’s making a my anxiety so bad I’m nervous ill be kicked out and homeless any day now
Waiting 2 years for ESA approval is unacceptable. Under HUD guidelines, landlords are expected to answer an ESA request promptly – meaning within 10 days. You may find this article on HUD’s rules useful: https://esadoctors.com/hud-housing-rules-emotional-support-animals/
I am in California and applying for an apartment with an ESA within the 30 days that is needed to get the letter. Can they accept me within the 30 days or do I have to wait until after the letter is received? Is there any needed documentation for that?
Your landlord is entitled to see a final ESA letter for approval before allowing your ESA. However, many landlords will work with you if you are scheduled to receive a letter within the 30 day period. You might find this article helpful: https://esadoctors.com/do-i-have-to-wait-30-days-to-get-an-esa-letter-in-california/
Question, I am trying to buy a home and they say only two pets are allowed in each unit, I have a 8 lb pomeranian and two cats, so they say I have three pets, is that true, or do I tell them my dog is an esa and is exempt from the three pets I have? Any help you can provide would be great. Thanks,
You may find this post helpful: https://esadoctors.com/more-than-one-emotional-support-animal/
Do I need to go through the same process everytime I move from different apartments ?
You should be able to use the same ESA letter as long as it is not too dated. If you are moving out of state however, some landlords will insist on seeing an ESA letter from an in-state healthcare professional.
My apartment manager said I can’t bring my ESA onto the property until upper management approves. It’s been 20 days and I only just now got a request for another letter from my provider. Is that allowed? Do I have to keep my ESA out of the unit?
That is an unusually long time – HUD guidelines ask landlords to respond to ESA requests promptly, and within 10 days.
Apartment is stating that they need proof of an in person evaluation versus online evaluation. Even though I have a letter from MD. Is that legal?
It is absolutely fine to obtain ESA letters through remote consultations. HUD guidelines in fact specifically mention that. Please see this article for more info: https://esadoctors.com/esa-online-telehealth/
I have a friend who’s ESA I have been taking care for about three months, because she hasn’t gotten an approval letter from the owner of the complex. However, the complex manager has told her that her ESA is approved, and that they are just waiting for the letter from the owner of the complex. She has supplied all of the correct documentation for her ESA. Should she file a complaint with HUD?
3 months is much too long for a housing provider to get back to the tenant regarding their ESA request. Under HUD guidelines, landlords are expected to respond promptly, meaning within 10 days.
Can tenants with ESA’s leave their animal home alone?
Yes, tenants with ESAs are allowed to leave their animals unattended for reasonable amounts of time.