Emotional support animals are protected under the Fair Housing Act and are exempt from pet deposits, monthly pet rent, and other types of financial requirements set by landlords and HOAs. If you paid a pet deposit or made a monthly payment after getting your ESA letter, you can get a full or partial refund depending on the scenario. Below, we’ll explain a three-step process for getting your money back.
The process to get a pet fee or deposit refunded for an ESA animal
- Write an email to your landlord or HOA outlining that your animal is an emotional support animal.
- Attach or include a copy of your ESA letter, which will have the date the letter was written on it.
- Include in the email that you’d like to know when you should expect a refund of your deposit or fee.
You can’t get a refund of monthly fees if your pet was not covered by an ESA letter at that time. You might, however, be able to get a pro-rated refund for the time you paid pet rent after your pet became an emotional support animal. Just be as accurate as possible and set expectations.
Annual Pet Deposits
If you paid a pet deposit and later qualified for an emotional support animal, you can get your pet deposit back. An annual pet deposit is fully refundable because HUD has clearly stated that pet deposits don’t apply to ESAs. For example, if you paid a pet deposit of $500 at your lease signing and receive an ESA letter six months later that covers your pet, you can get the full amount back.
Keep in mind that you’re still on the hook if your ESA causes property damage, and your landlord can deduct those costs from your standard security deposit.
Monthly Pet Fees
Monthly pet fees paid before you received your ESA letter are non-refundable because your animal was still considered a pet, meaning the Fair Housing Act does not cover them. Any monthly pet fees paid after the date on the letter are refundable, as your animal is now a legally protected emotional support animal.
Some landlords and HOAs may refund earlier months, but they are not required to do so. You may be able to get a partial refund for the month from the time your letter was written through the end of the month.
If your monthly pet fee is $100 and you got your letter exactly halfway through the month, you can request $50 back, as that is the start of the time your pet is exempt.
Both Pet Deposits and Monthly Pet Fees
Some rental properties and HOAs require both annual deposits and monthly pet fees, which can be refunded to you based on when you got your ESA letter. For example, let’s assume today is April 1st. You just got your ESA letter today, and it is dated March 31st. The pet deposit was $500 and paid January 1st, and monthly fees are $100, which are paid on the last day of the previous month (April is paid on March 31st).
To date, you have paid $900, which includes the annual deposit and four monthly fees. You could request a refund of $600 total. Here’s how that breaks down:
| Month | Deposit / Fee | Amount | Refundable? | Refund |
|---|---|---|---|---|
| Jan | Annual Pet Deposit — — — — — Monthly Fee | $500 — — $100 | yes — — no | $500 — — – |
| Feb | Monthly Fee | $100 | no | – |
| Mar | Monthly Fee | $100 | no | – |
| ESA Letter, dated March 31st, becomes effective | ||||
| April | Monthly Fee | $100 | yes | $100 |
| Total Paid | $900 | Total Refund | $600 | |
What if my landlord or HOA says “no refunds”?
If your landlord or HOA says they will not give a refund on your pet deposit or monthly fees you can present them with the facts about the Fair Housing Act which you can read here, and let them know they are legally required to refund you as emotional support animals are protected and from the date of your letter, your pet is now in this classification.
Your landlord has the right to verify and validate the legitimacy of your ESA letter, and we have two posts that both of you can use to protect yourselves.
- Landlords can use this checklist to determine if an ESA letter is fake
- You can use this guide to make sure your ESA letter is legit
Other Fees You May Get Refunds From or Avoid
Some landlords and HOAs may try to make you jump through hoops or trick you into paying additional fees, as it is their policy. Do not fall for these, and some may be refundable.
Application, Administrative, and Processing
You do not have to pay application fees, administrative charges, or other fees to submit and have your ESA letter approved by the landlord or HOA. Some may tell you it is required, and that is where knowing your rights comes in.
Use the article we linked above to know how to respond, as ESAs are exempt from these fees. Be friendly but adamant that you will not be paying an application, administrative, or processing fee, and you would like your refund as soon as possible.
Weight and Size Fees
If the fee is annual and based on size or weight, you may be able to get a partial refund for the remainder of the year or month, depending on how the fee is set up.
If you paid a one-time fee before getting your ESA letter, you might be able to get a pro-rated refund. Asking doesn’t hurt, after all, it’s not fair to charge fees for any time that your pet was a legit ESA.
Damage and Destruction to Property
If an emotional support animal causes damage or destruction to a property, you are not exempt from the cost to fix or repair the damage. The Fair Housing Act only protects housing rights from additional fees; you must still be a responsible owner, neighbor, and tenant, which means covering the costs of damage if that is what you agree to when moving in or in an addendum.
By following the advice above, you can get a refund for pet fees and deposits while avoiding administrative costs by having a valid ESA letter. If you still run into issues and used our service to get your ESA letter, contact our support team. We’re here to support you.
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I’m a landlord, my tenants provided a certificate for an ESA but have not given the signed letter from the doctor. Everytime they complain about the animal fee and deposit, I ask for the letter. They do not provide it but claim that I’m being unlawful. I’m happy to refund everything once they provide the letter, but they are now threatening lawsuits. Am I okay to continue to charge for the animal until I receive the letter? Is there anything in the Act or code that will help my case? Thank you.
A certificate does not prove that a tenant has an emotional support animal. As a landlord, you are entitled to see a signed letter from a licensed health care professional. You might find this article on HUD’s ESA rules helpful: https://esadoctors.com/hud-housing-rules-emotional-support-animals/
I have recently signed a rental agreement , stating my dog as a pett We had then recieved our confirmation for our dog to be an emotional support animal. we have not yet occupied the unit .and are being told we will need to still pay the pet deposit and that they will hold the deposit until the end of the lease term since we recieved confirmation after the agreement. Shouldthe fee be waived?
In situations where a tenant’s pet later becomes an ESA, any pet deposit that was paid should be refunded since the animal is now a protected assistance animal.
I have an ESA dog and my landlord is saying I will still need to pay $4,000 once my lease is up to replace the carpets? Can she do this? My dog has not caused any damage to the carpets at all. I was also know that I would have to pay if my dog would damage the carpets, but my landlord would have to have evidence that the carpet is damaged correct? Or can she just say that the carpets are damaged just because I have a dog and charge me a damage fee? Hopefully that makes sense!!
Landlords are allowed to charge residents for actual damages caused by an ESA. The landlord must be able to prove the damage was actually caused by the animal.
I have an ESA and I am getting a new apartment. They know that I have an ESA and they’ve waived the pet deposit, but there is a pet addendum on my lease that states “the resident will permit [landlord] to professionally treat the premises, including grounds (if any), for fleas and ticks, and clean all carpets when the resident vacates the premises. The contractors used will be [landlord] contractors, and the cost will be competitive and borne by the resident.” They already require me to have the carpet professionally cleaned upon leaving; are they allowed to charge me specifically for this cleaning service for an ESA even if there are no pet-caused damages?
If that cleaning fee is charged to all residents it may be allowed. If it is only being charged to you because you are an ESA owner, it may be a different story. In any case, a tenant is responsible for actual damage their ESAs cause to the property.
My landlord says I still have to pay rent even though I have a service animal what can I do
Having a service animal does not exempt you from rent. It does however exempt you from pet fees and deposits.
My property manager claims since my two dogs weren’t esa at the time we don’t get out pet fee back. she also claims that because it is a fee and not a deposit, we wouldn’t get it back either way. We have only lived here two months. our pet fee was $700.
Unfortunately your property manager may be correct – if the animal was not an ESA at the time, it was subject to normal pet fees and thus the fee is not refundable. However if you paid a pet deposit, you may be entitled to get the deposit back.
When we first moved my partner and I had two dogs, they now are both ESAs. We had already paid deposits, can we get that back even though they were originally pets and are now ESAs?
If your animals are now qualified as ESAs you should be able to get your deposit back.
My landlord charged me a deposit and charges me monthly rent for my ESA and knew that she is a support animal when I moved in. I know I can request to be refunded, but now I’m wondering if I can add interest to the amount of what they owe me.
There is no ESA rule that addresses whether you’re entitled to interest, but you’re certainly free to make the request.
I had a dog living with my at my rental property prior to paying a pet deposit. About a month to a month and a half leter (that’s how long I had to wait for a doctors appointment) I got her registaired as an ESA. They are stopping the monthy fee, but refusing to refund my pet deposit stating that since she lived on the property prior to paying the deposit they don’t have to. Is this correct?
If your animal is fully qualified as an emotional support animal, you should be entitled to get the pet deposit back since it is no longer a regular pet and ESAs are exempt from deposits.
When I recently moved I’ve informed the management that I have ESA animals , but since I didn’t have my letter on hand at the time of move in I was still forced to pay pay rent , pet deposit & ongoing pet rent … I submitted the documents now how do I go about getting funds that’s owed to me … I’m also disabled as well & live in sec8 housing complex… they advised me to get an attorney because it’s a management & tenant issue … 😊 thanks
You should inform your landlord that you are requesting a refund of your pet deposit since your animal is an ESA and not a pet. You can only get a refund of past monthly pet fees if your animal was a qualified ESA during that time and you have documentation proving it.
My apartment manager is telling me that I cannot get my monthly pet rent back even though my ESA has been registered since 2022 because I just now informed them she’s an ESA. I moved in in December. Should I be entitled to a refund of my pet rent? I have documentation stating she has been a registered ESA since 2022.
If the animal was a pet during the time the pet fee was charged, you are unlikely to get a refund. If you paid a deposit however you should be able to get that back.
I have read your previous replies but I need further clarification. I am signing a rental agreement for a house with an esa dog and the landlord is charging me $600 (non-refundable from security deposit) fee for cleaning carpets after moving out. Also important to note- I believe this is a single family home that is exempt from Fair housing law, at least based on my research. My question is, can landlords charge carpet cleaning fees for esa owners if it is in a lease?
They can charge a carpet cleaning fee if other tenants are also subject to the same fee and you are not being singled out just because you have an emotional support animal. Based on what you stated however your landlord may be exempt from ESA rules regardless.