…and How to Protect Yourself as a Landlord
Under the Fair Housing Act, housing providers such as landlords, Co-Ops, and HOAs cannot charge their tenants fees, deposits, and surcharges with their emotional support animals (ESA). ESAs are not considered pets for purposes of Fair Housing rules and must be allowed even in buildings that prohibit pets. That also means that a building’s general policies regarding pets do not apply to emotional support animals. So even though the building may impose fees and deposits for regular pets, they may not do so for ESAs.
In this article, we will also address concerns raised by housing providers who are worried about potential fraud and being on the hook for damage that an ESA may cause to the residence or common areas. We will discuss how landlords can validate an ESA request and recover for expenses if an ESA causes damage.
If you do not have the proper documentation for your ESA, we can help you connect with a licensed healthcare professional licensed in your state to assist you. You can start by completing the questionnaire at the link below.
Frequently Asked Questions
How fees, deposits, and fines apply to tenants with ESA’s, and whether the tenant is eligible for a refund if they have already paid these charges.
This is a frequently asked question from tenants, and the answer is yes, but with some caveats. It is very common for a tenant to move in with their pet, pay a pet fee or deposit and then later qualify for an emotional support animal through their licensed mental health professional. In these instances, if the tenant paid a deposit, they would be entitled to a refund of the deposit since their animal companion is no longer considered a pet for purposes of Fair Housing rules. Landlords, Co-Ops, HOAs, and other housing providers are never permitted to charge a fee or deposit because a tenant has an ESA.
However, with respect to refunds for fees, there is no clear guidance on what portion of the fee should be refunded. However, it could make sense that the landlord would need to refund at least a prorated portion of the fee. For example, if the tenant paid a fee to cover their pet for a year and then qualified for an ESA mid-way through that year, they should at least get a prorated refund for the remaining half of the year. It would be appropriate to apply a fee in the first six months while the tenant owned a pet, but not in the latter six months when the tenant’s animal companion qualified as a valid ESA.
No, under Fair Housing rules, housing providers cannot charge a fee for processing an ESA accommodation request. To qualify for an ESA, the tenant must obtain a recommendation letter from a licensed healthcare professional; registration is not sufficient. The tenant would then submit this letter to their housing provider and request accommodation for their ESA. The housing provider must reply promptly to the request and no later than 10 days from receiving the ESA letter. The housing provider can only deny the tenant’s ESA in limited circumstances (such as if the ESA is dangerous or poses a health risk) and must engage in an interactive process with the tenant to address any concerns. The housing provider is not permitted to charge an application fee or processing fee to consider the tenant’s request to live with their ESA.
Probably not. If the fine was validly issued at the time the pet violated the building’s rules, the landlord was probably within their rights to issue the fine. The landlord would not have to refund a fine that was properly assessed when it was given. However, in these instances, it never hurts to have a discussion with the landlord about your need for an ESA and whether any exemptions or waivers of the fine could be granted. We always recommend that tenants have open and honest discussions with their housing provider about their ESAs, and never hide the fact that they have brought an animal companion home.
It may be obvious, but it is important to note that a landlord can never charge a fine because the tenant owns an ESA. For example, if the building assesses a fine for pets brought into the building, that fine cannot be assessed for ESAs. Or, if the building charges a fine for having a large animal, that fine cannot be charged for an ESA.
No, fees are never allowed for ESAs, and a building’s normal policies regarding pets are not applicable to an ESA. Furthermore, under Fair Housing rules, breed and weight restrictions cannot be imposed on an ESA. For example, if the building normally has a policy that limits dogs to a certain weight or charges a fee for larger dogs, neither of those policies would apply to an emotional support animal.
A tenant is always responsible for damage caused by their emotional support animal. Being exempt from pet fees and deposits does not absolve them of their responsibility for the actions of their assistance animal. If the ESA causes damage to the residence or any common area of the building, the landlord is within their rights to charge the tenant for that damage.
In addition, Fair Housing rules allow for housing providers to deduct expenses for damages caused by an ESA from the tenant’s standard security deposit. That means that while housing providers don’t have the benefit of a separate and special deposit to cover the ESA as they would potentially get for a pet, they can still deduct costs from the tenant’s general security deposit if the ESA causes any damage.
For landlords concerned about tenants faking their need for an ESA to get out of paying pet fees and deposits, they do not just have to rely on the tenant’s word. The landlord can request appropriate documentation to validate that their animal companion is an ESA in the form of an ESA letter. Note, however, those landlords should exercise caution not to violate the privacy rights of the tenant. For example, landlords cannot ask for a specific diagnosis or for detailed information about the tenant’s mental or emotional condition.
The only legitimate way to qualify for an ESA is by having a recommendation letter signed by a licensed healthcare professional, such as a psychologist, psychiatrist, nurse, physician assistant, counselor, or social worker. If the tenant is only presenting a certificate, registration number, ID card, or vest, the landlord can request that the tenant provide further documentation in the form of an ESA letter. A legitimate ESA letter should be signed and dated on the licensed healthcare professional’s letterhead, and also contain their contact and licensing information.
A basic guiding principle of Fair Housing rules is that the disabled should be allowed to enjoy their residence and building to the same extent that a non-disabled person can. It would not be fair to charge someone disabled for accommodation they need in order to use their dwelling the same way a non-disabled person can. Exempting ESA owners from fees and deposits allows those suffering from a mental or emotional disability to have equal opportunity to enjoy and use an apartment or home.
In addition, the exemption for fees and deposits does not let the tenant off the hook for the actions of their ESA. The tenant is responsible for the actions of their emotional support animal, including damages it causes to the residence or property. The landlord can deduct expenses for any damages from the tenant’s general security deposit, just as it can with the other tenants in their building.
Understanding your rights as an ESA owner can save you from unfair charges
If you are currently living with an emotional support animal and had previously paid a deposit or fee in connection with your animal companion, you may be entitled to a refund. It is also important for landlords to understand these rights so they know how to properly verify a tenant’s ESA request and ensure they do not violate any Fair Housing rules. Landlords should also be aware they can still hold the tenant accountable for any damages caused by an ESA and make deductions from a general security deposit.
What should you do if your landlord continues to violate your Fair Housing Rights? Here are a few options:
- Engage in a dialogue with your landlord to see if there is a mutually acceptable compromise to both parties.
This is the best way to resolve an ESA housing dispute.
- Consult with an attorney or use a demand letter service to send a legal letter to your landlord.
- File a complaint with HUD
This is a government agency that can investigate Fair Housing violation claims. This should only be a last resort option if all other measures have failed.
If you’re curious about Fair Housing Laws for emotional support animals or the process to get a valid emotional support animal, you can read more about the Fair Housing Act for emotional support animals here.
If you are having trouble finding a therapist, or it is difficult to see a therapist in person for financial reasons, scheduling issues due to work, family, or school, or because of anxieties or phobias about seeking help in person, ESA Doctors can help connect you to a licensed professional that is familiar with ESAs.
The professionals that work with ESA Doctors are licensed for your state and offer compassionate and understanding service to clients interested in whether an emotional support animal is right for them. Click on the button below to see if you may qualify for an ESA letter.
Need an ESA Letter? We can help. Click on the link below to get started!
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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.