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?
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.
I recently moved into a no pet allowed complex & I did not mark down anything about pets – I have an ESA & he is not considered a pet. After signing the lease I told them about my ESA & gave them my letter & now they have given me a whole packet of paperwork to fill out, requesting proof of vaccinations, breed, age, color, a picture, licensing – he is a cat & it isn’t required in my state – and a whole addendum to the lease. They said they would give me an answer within 14 days. Was it a problem that I didn’t put anything about pets & do I have to wait for them to make a decision?
We hear that a lot of people are doing what you did so that they are not automatically disqualified for having an ESA.
I have provided my landlord with a ESA letter from my psych but she is requesting that my psych additionally sign paperwork about her being liable for my animal. My psych doesn’t want to sign it and now my landlord is threatening to fine me for my animal
Your landlord cannot request this type of paperwork. They cannot demand access to your medical provider and hold them liable for your ESA.
I have a question…. My son has an ESA letter from his therapist doctor stating that she recommends him having an emotional support animal. I presented the letter to my Landlord and she refused my letter and told me to remove the dog. I educated her on the emotional support animals and she has been very cruel with everything I’ve went over with her. She stated her boss and corporate told me to remove the dog. She also stated that I had to pay the $500.00 deposit or I’m evicted. She gave me the eviction letter anyways to either remove the dog in 14 dogs or I am evicted for not paying the pet deposit since the dog is not removed yet. I filed a complaint through HUD but haven’t heard anything back and my landlord hasn’t made things easy at all for us. She has been harassing me since I gave her the letter. I honestly don’t know what to do next and its been very stressful. I just need advice??
If you haven’t heard from HUD yet, you can go ahead and give them a call.
Hi!
We got a letter from a third party ESA doctor online. However, he is licensed radiologist and not in the field of mental health. Will this be an issue for the landlord if he has a valid medical license?
This could be an issue since they may not be familiar with the DSM or mental disabilities.
This is not required according to HUD.
I submitted my housing letter to my apartment. They had me fill out additional paper work and said they will submit it to a doctor?? So I asked when I will be in the clear that it’s ok to have my dog and she said they’re just waiting on the doctor. It’s been two weeks with out my ESA. And I’m mentally going insane. I’m on edge to having a mental break down and I can’t have my animal until this whatever doctor approves it!??? Has this happen to any one??
This is a common tactic used by landlords when it comes to emotional support animals. Your landlord should respond to your request for an ESA in a reasonable amount of time.
Can my landlord legally call to verify my esa letter?
A landlord can verify your ESA letter, but they “may not ask an applicant or tenant to provide access to medical records or medical providers or provide
detailed or extensive information or documentation of a person’s physical or mental impairments”. According to FHA.
I have ESA Doctors note but the landlord formally refused the reasonable accommodations. She lives in one of the rental units total (5) can she deny the request or do I have a case to file HUD discrimination complaint?
You can contact HUD if you feel that you are being discriminated against.
I have lived with my fiance for over 3 years in a pet-free apartment. Only his name is on the lease. I need an ESA, but I feel that if I’m not on the lease, he can definitely deny me of an ESA. Am I right?
The managers at my apartment complex are asking me to provide the prescription letter for my ESA, shot records, and a certificate for my animal. While I know legally all they can ask for is the ESA letter, can they ask for a certificate for him?
They cannot since ESA certification is not required by law.