Navigating the rental landscape with a service animal can be stressful, especially when you’re asked for a pet deposit for an emotional support animal. Renters often wonder, “Do I have to pay pet fees for a service dog?” and “Can my landlord evict me if I have an ESA?” Well, if you have an emotional support animal, you do have the right to reasonable accommodations—even if you’re looking at a place with a no-pet policy. Here’s what you need to know about renting with an emotional support animal.
What is an emotional support animal?
An emotional support animal (ESA) is a companion animal that provides therapeutic benefits to individuals with emotional or psychological disabilities. These animals are not the same as service animals, which are specifically trained to perform tasks for people with disabilities. ESAs are often dogs or cats, but they can be other animals as well, and they are prescribed by mental health professionals to provide comfort and support to individuals who have a diagnosed mental or emotional condition.
Difference between service animals and emotional support animals
Understanding the distinction between service animals and emotional support animals is crucial. Service animals: These are dogs trained to perform specific tasks for individuals with disabilities, such as guiding the blind or alerting the deaf. They have access rights to public spaces under the ADA. Emotional support animals (ESAs): These provide comfort and emotional support but do not require specialized training. They are protected under the FHA for housing purposes but do not have the same public access rights as service animals.
Who qualifies for an emotional support animal?
Qualifying for an emotional support animal (ESA) typically involves a few key criteria:
- Diagnosed mental or emotional disability: To qualify for an ESA, you must have a diagnosed mental or emotional disability. This can include conditions such as anxiety, depression, post-traumatic stress disorder (PTSD), bipolar disorder, or other mental health disorders. The diagnosis must be made by a licensed mental health professional, such as a therapist, psychiatrist, psychologist, or counselor.
- Recommendation from a mental health professional: You will need a formal recommendation or ESA letter from a licensed mental health professional. This letter should state that you have a mental or emotional disability and that an emotional support animal is part of your treatment plan and can provide therapeutic benefits.
- Beneficial role of an ESA: The mental health professional must confirm that the presence of an emotional support animal is beneficial for your emotional well-being and provides support or alleviates symptoms related to your diagnosed disability.
What documentation can landlords request for an emotional support animal?
Landlords have the right to request documentation to verify the need for an ESA. This documentation must be a letter from a licensed healthcare provider, such as a therapist or psychiatrist, stating that the tenant has a disability and that the animal provides necessary emotional support. However, landlords cannot ask for detailed medical records or specifics about the tenant’s condition. The documentation should only confirm the existence of a disability and the necessity of the ESA.
Can apartments charge for an emotional support animal? What to know about pet rent and ESAs
Whether or not your landlord can charge you for your emotional support animal depends on the type of charge you’re talking about. Following Federal Fair Housing Laws, any emotional support animal must be exempt from pet fees. Emotional support animals must also have access to housing with no-pet policies. An ESA letter from a legitimate, licensed health professional states that you need your support animal for your disability, and that you qualify under the FHA.
However, there are certain things your landlord can charge you for, even if your pet is legally considered an emotional support animal. They may require a pet deposit for an emotional support animal in order to rent a home or apartment to you. Your landlord can also seek compensation if your animal causes any damage to the unit you rent. If a support animal becomes a nuisance, landlords do have a right to seek legal proceedings to remove the animal.
If you believe you and your emotional support animal are experiencing discrimination, you also have the right to file a complaint with HUD (the Department of Housing and Urban Development). They will then investigate your case.
Should I pay a deposit or pet rent for an emotional support animal?
If your landlord or property manager asks you to pay a standard pet deposit for an emotional support animal, you will typically have to pay this fee. While there are many essential accommodations that you are entitled to with your animal, exemption from a pet deposit for an emotional support animal isn’t usually one of them.
Keep in mind that a pet deposit for an emotional support animal is typically refundable. This deposit is only forfeited if your animal causes damage to the unit. If your pet damages the flooring, scratches gouges into the door, or otherwise necessitates repairs after you vacate, the pet deposit goes toward that cost. Should the pet deposit be insufficient to cover the cost, you will have to pay for the remainder. If your animal doesn’t cause any damage, however, you will get your full deposit back when you move out.
Reasonable accommodations and emotional support animals
If you have an emotional support animal, you’re covered by the Fair Housing Act, or FHA. Landlords must make what’s known as “reasonable accommodation” under the FHA to allow animals who serve as assistance animals. This includes pets who provide emotional support.
Assistance animals don’t have the same classification as regular pets, legally speaking. Assistance animals can either perform physical tasks (as with a seeing-eye dog), or they can provide emotional support to improve symptoms of a disability.
Nearly any kind of animal can be considered an assistance animal. Assistance animals offer companionship and relieve loneliness, and they can help with anxiety, depression, and some phobias. Assistance animals don’t have special training to do tasks like a service animal would, but the emotional benefits they provide their owner coupled with a letter from a therapist or medical doctor classify the animal as an assistance animal.
What is an ESA letter?
An ESA letter is a document issued by a licensed mental health professional that certifies an individual’s need for an emotional support animal (ESA). This letter is a crucial part of the process for individuals seeking accommodation for their ESA in housing or during air travel.
Here’s how a renter should go about getting an ESA letter:
1. Consult a mental health professional
Start by scheduling an appointment with a licensed mental health professional. This can be a therapist, psychiatrist, psychologist, or counselor who has a legal and ethical responsibility to diagnose and treat mental health conditions.
2. Discuss your condition
During your appointment, be open and honest about your emotional or psychological condition. Explain how an emotional support animal can provide therapeutic benefits and support for your condition.
3. Request an ESA letter
If your mental health professional believes that an emotional support animal would be beneficial to your mental health, you can request an ESA letter. They will assess your condition and, if appropriate, provide you with the letter.
4. The ESA letter content
An ESA letter should include the following information:
- The mental health professional’s contact information (name, license number, and contact details).
- Confirmation that you have a diagnosed mental or emotional disability.
- Statement that you would benefit from an emotional support animal as part of your treatment plan.
- The specific type of animal (e.g., dog, cat) and any relevant details about the animal.
- The letter’s date.
5. Keep the original copy
It’s important to keep the original copy of the ESA letter, as it may need to be presented to your landlord or airline when requesting accommodation for your emotional support animal.
6. Communicate with your landlord
If you’re a renter seeking accommodation for your ESA in housing, inform your landlord or property manager of your intention to live with an emotional support animal. Provide them with a copy of your ESA letter.
7. Know your rights
Familiarize yourself with the Fair Housing Act (FHA) and its protections for renters with emotional support animals. This federal law prohibits housing discrimination against individuals with disabilities who require ESAs.
It’s important to follow these steps and work with a licensed mental health professional to obtain a legitimate ESA letter. Beware of online services that offer to provide ESA letters without a thorough evaluation by a mental health professional, as these may not be recognized as valid documents and could lead to legal issues. A legitimate ESA letter should be obtained through a professional and transparent evaluation process.
Speak to your landlord about your ESA
You should speak with your landlord about having an emotional support animal to make sure everyone is on the same page. Keep in mind that landlords cannot ask their potential tenants about any kind of disability thanks to the FHA. That said, they can ask you to provide written certification if you request reasonable accommodation for an emotional support animal (or any service or assistance animal). The certification will need to show that you have a disability, that you require the support animal to aid with your disability, and explain how the animal helps to improve your symptoms.
Speaking with a landlord can feel stressful. Landlords may be unaware of laws regarding emotional support animals, or in the worst case, may try to ask probing questions or request sensitive medical information. Knowing your rights before starting the conversation will empower you to get the accommodations you need and deserve. If you’re feeling pressured by questions that make you uncomfortable, you’re totally in the right if you request the landlord email their questions and/or let them know that they should seek out legal advice, as inquiring about your disability is illegal.
Can a landlord legally reject an emotional support animal?
Your landlord can’t evict you solely because you have an emotional support animal—that’s a clear violation of FHA rules. However, you have to follow certain regulations as well. For example, you must request reasonable accommodations before you bring an emotional support animal into your housing unit. This is why it’s so crucial to discuss everything from rules to the pet deposit for an emotional support animal before you sign your lease.
A landlord also can’t legally reject an emotional support animal because of their age. However, you’re responsible for any damage your animal causes, so keep that in mind if your emotional support animal is more prone to causing property damage, like a young puppy.
There are also certain situations when a landlord can legally reject an emotional support animal, including:
- If a building has four or fewer units, and the landlord also lives in one of the buildings.
- If you’re renting a single-family house without a realtor; the owner also must own fewer than three single-family homes.
- If the animal causes undue financial hardship for a landlord.
- If your animal causes harm or damages to others or their property.
- If your animal is too big for the accommodations you want to rent. For example, you won’t be allowed to bring a horse into a tiny studio apartment.
How to apply for an apartment with an emotional support animal
Follow these steps when applying for an apartment with an emotional support animal.
- Obtain an ESA letter
To apply for an apartment with an ESA, you will need to have an ESA letter from a licensed mental health professional. The ESA letter should state that you have a mental or emotional disability that requires the presence of an ESA for therapeutic purposes. The letter should also include the mental health professional’s license information and contact details.
- Contact the landlord or property manager
Once you have an ESA letter, contact the landlord or property management company of the apartment you are interested in. Inform them that you have an ESA and would like to apply for an apartment in their building. Ask them about their pet policy and how they handle requests for reasonable accommodations for people with disabilities.
- Provide documentation
Provide the landlord with a copy of your ESA letter and any other supporting documentation they require, such as vaccination records. Keep a copy of these documents for your records.
- Negotiate reasonable accommodations
If the landlord is willing to allow your ESA, negotiate reasonable accommodations with them. Reasonable accommodations can include waiving pet fees, allowing larger or multiple pets, or designating specific areas of the building for pets.
- Sign your lease agreement
Once you have negotiated reasonable accommodations with the landlord, sign the lease agreement. Make sure that the agreement includes the reasonable accommodations you have negotiated for your ESA.
Frequently asked questions about renting with an emotional support animal
Are there breed restrictions for an emotional support animal?
There are no breed restrictions for an emotional support animal under ADA and FHA. If an individual owns an emotional support or service dog that the landlord prohibits, including Pitbull, Husky, and Rottweiler, they are still required to provide accommodations for the service dog and their owner.
What is the difference between an emotional support animal and a service animal?
Emotional support animals provide therapeutic companionship and do not require any training. Emotional support animals are protected by the FHA. Service animals perform a necessary medical service and require training and formal registration. Service animals are protected by both the FHA and ADA.
How do I register my emotional support animal?
Registration is not required to prove that you have an emotional support animal. However, in order to prove that your animal is an emotional support, you must provide documentation from a licensed medical professional. For more information, visit the US Department of Housing website.
Is a pet deposit the same as a pet fee?
No, a pet deposit and a pet fee are different. A pet deposit is refundable, while a pet fee is typically non-refundable. A pet deposit is intended to cover damages, whereas a pet fee is a one-time payment for allowing a pet on the premises.
Is a pet deposit required for all emotional support animals?
The requirement of a pet deposit for emotional support animals may vary depending on the landlord, property management company, or jurisdiction. Some landlords may waive the pet deposit requirement for certified emotional support animals due to legal protections, while others may still request it.
Can a landlord charge a higher pet deposit for an emotional support animal?
Landlords generally cannot charge a higher pet deposit for an emotional support animal solely based on its status. Emotional support animals are not considered pets under the Fair Housing Act (FHA). However, landlords may charge the same pet deposit amount for all tenants, including those with emotional support animals.
Is the pet deposit refundable for emotional support animals?
The refundability of the pet deposit for emotional support animals depends on the landlord’s policies. In some cases, if the animal has not caused any damages beyond normal wear and tear, the pet deposit may be refundable upon the termination of the lease. Review the lease agreement or discuss with the landlord for specific details.
Can the landlord use the pet deposit for general maintenance or repairs?
The pet deposit should only be used to cover damages directly caused by the emotional support animal. It cannot be used for general maintenance or repairs unrelated to the animal. Landlords are typically required to provide an itemized list of deductions, if any, from the pet deposit.
Are there any restrictions on the amount of the pet deposit?
The amount of the pet deposit may be subject to legal restrictions or limitations imposed by local laws or regulations. Some jurisdictions may have specific guidelines regarding the maximum amount that landlords can charge as a pet deposit. It’s essential to research and understand the local regulations.
Can a landlord charge additional fees or deposits for an emotional support animal?
Apart from a pet deposit, landlords typically cannot charge additional fees or deposits for emotional support animals. However, they may require tenants to provide documentation that verifies the need for an emotional support animal and complies with the landlord’s reasonable accommodation process.
What should I do if I encounter issues regarding a pet deposit for an emotional support animal?
If you experience difficulties or concerns related to a pet deposit for your emotional support animal, it is advisable to seek legal advice or consult tenant advocacy organizations. They can offer guidance on your rights, obligations, and potential recourse based on the specific laws and regulations in your jurisdiction.
Knowing your rights will allow you to have a conversation with your landlord about your emotional support animal. Search thousands of pet-friendly apartments on Zumper and find your new home with your furry friend.
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