A tenant submits an ESA letter for a unit with a strict no-pets policy, and the first question landlords ask is whether they can still collect a deposit. Can landlords charge a pet deposit for an ESA? Under the Fair Housing Act's text, the answer has traditionally been no. However, since a May 22, 2026 HUD enforcement memo, HUD itself no longer treats denying or charging fees for an untrained ESA as a federal violation it will pursue. The FHA hasn't been repealed, so state law and private lawsuits may still apply.
Landlords can still bill for damage the animal causes and request documentation from a licensed mental health professional to confirm the accommodation is legitimate. This guide breaks down exactly what a landlord can charge for, and what crosses the line into discrimination.
What Is an Emotional Support Animal (ESA)?
An Emotional Support Animal (ESA) is an animal that provides therapeutic benefits to its owner through companionship, lessening the symptoms of the person's disability. An emotional support animal provides therapeutic comfort to people dealing with anxiety, depression, Post-traumatic stress disorder, or other mental health conditions.
Unlike pets, ESAs are not a lifestyle choice. A licensed mental health professional (LMHP) reviews the tenant's condition and recommends the animal as part of their treatment plan. Key points include:
- ESAs are protected under the Fair Housing Act (FHA)
- They do not require special training, unlike service animals.
- As of May 2026, HUD will no longer pursue federal enforcement if a landlord denies an untrained ESA over a no-pets policy. Even so, the FHA's text and many state laws still prohibit this, and tenants may sue privately.
Emotional support animals provide therapeutic benefits for tenants with mental or emotional disabilities. Their purpose is to offer support, not to perform tasks like service animals or serve as ordinary pets.
Can Landlords Deny an Emotional Support Animal or Charge a Deposit?
Under the FHA, a landlord still isn't supposed to deny an ESA or charge a pet fee solely because of a no-pets policy. Since May 22, 2026, though, HUD will no longer bring federal enforcement action over this for an untrained ESA. The practical risk landlords face today comes mainly from state agencies and private FHA lawsuits, not HUD.
A tenant with a valid ESA letter from a licensed mental health professional generally has the right to keep the animal, even in buildings that don't allow pets.
A landlord can still deny the request if it isn't backed by proper documentation, or if the animal poses a direct threat to others, causes substantial property damage, or creates an undue financial or administrative burden.
Landlords traditionally could not charge a pet fee or deposit for an ESA. That rule remains in the FHA's text and in many state laws, but since the May 2026 HUD memo, a landlord who charges a fee for an untrained ESA faces materially lower federal enforcement risk, though not zero legal risk overall. While pet deposits are not allowed, landlords are still within their rights to:
- Charge tenants for damages caused by the ESA, just as they would for any tenant-related damage.
- Request legitimate documentation from a licensed mental health professional verifying the need for the ESA.
However, tenants are still responsible for damages caused by the ESA. The only exceptions where a landlord might deny an ESA relate to:
- The specific animal poses a direct threat to the health or safety of others.
- The presence of the animal resulted in substantial physical damage to the property of others.
- The accommodation imposes an undue financial and administrative burden or fundamentally alters the nature of the provider's operations.
These costs are not considered pet fees but rather standard tenant responsibilities. If an emotional support animal causes damage, such as stained carpets or scratched walls—the landlord may deduct those repair costs from the tenant’s regular security deposit, the same way they would for any other tenant-caused damage. Find more details on whether pet deposits are refundable if no damage occurs in our guide.
Here is a sample Landlord Response to an ESA Accommodation Request
Dear [Tenant's Name], Thank you for submitting your request for reasonable accommodation under the Fair Housing Act. I have received your ESA letter from [LMHP's Name] and confirm your emotional support animal is approved to live with you at [Property Address]. Please note that, consistent with our current accommodation policy, no pet deposit, pet rent, or pet fee will be charged for your ESA. You remain responsible for keeping the animal under control and for covering the cost of any damage it causes beyond normal wear and tear. If you have any questions about this accommodation or need to provide updated documentation in the future, please contact me directly. Sincerely,
[Landlord's Full Name]
[Property Management Company, if applicable]
[Phone Number]
Difference Between ESA and Service Animals in Housing Rights
While both are considered assistance animals and are protected under the FHA, their legal standing and purpose differ slightly, particularly when discussing pet deposit for service animals.
- Service animals (dogs trained to perform tasks for people with disabilities) are covered under both the ADA (Americans with Disabilities Act) and the FHA, which gives them broader legal recognition.
- Emotional support animals are covered only under the FHA and do not require specialized training to qualify. Their primary role is to support tenants with documented disabilities, particularly mental or emotional conditions.
Service animals remain exempt from pet fees under both the ADA and FHA. ESAs are still exempt under the FHA's text and most state laws, but as of May 2026, this is no longer federally enforced by HUD for untrained ESAs. But only service animals have additional access rights in public places like restaurants and stores.
Here is a summary table:
The key takeaway is that trained service animals still receive full federal protection from pet fees under both the ADA and FHA. Untrained ESAs are protected under the FHA's text and many state laws, but HUD will no longer enforce this fee exemption at the federal level as of May 2026.
Landlord Guidelines on ESA and Deposits
Landlords often ask whether they can require a pet deposit for an ESA. Legally, the FHA's text still says no. Since a May 22, 2026 HUD memo, though, this is no longer something HUD will enforce at the federal level for an untrained ESA. Landlords should still check state and local law before charging a fee.
Since May 2026, HUD has only enforced this rule at the federal level for trained assistance animals. An untrained ESA case is less likely to trigger a HUD complaint today, though state law and private lawsuits under the FHA can still apply.
Request Proper Documentation
Landlords have the right to request documentation to verify the tenant's disability-related need for the ESA. This documentation must come from a licensed professional, such as a doctor, psychiatrist, or Licensed Mental Health Professional (LMHP), affirming that the animal is needed for the person's treatment. Landlords should not ask for details about the disability itself.
Tenant Responsibility for Damages
While landlords cannot charge a pet deposit for an emotional support animal, tenants remain financially responsible for any damages the ESA causes beyond normal wear and tear. These costs can be covered through the tenant’s standard refundable security deposit, just as landlords would handle damage from any other tenant or their guests.
No Differentiation on Rental Terms
Landlords cannot apply different rules or fees for tenants with ESAs. This means:
- No extra rent for an ESA
- No separate pet deposit for emotional support animal accommodation
- Equal lease terms for all tenants, regardless of whether they own an ESA or not
Note: As of May 2026, HUD will not pursue federal complaints if a landlord departs from this policy for an untrained ESA. Treat this list as best practice or a state-law-driven standard rather than a guaranteed federal mandate.
Lease Policy Updates
It's wise to have a clear understanding of your pet addendum and how it interacts with FHA laws. Ensure your lease and any lease addendum templates clearly state the policy regarding assistance animals to prevent confusion and legal issues.
Handling Disputes and Complaints
If landlords have valid concerns, like a direct threat to others' safety, they must engage in an interactive process with the tenant to find an alternative solution. If landlords deny an ESA, they must have substantial, legally-defensible reasons based on specific facts about the animal and provide the tenant with a chance to respond.
ESA / assistance animal request
Landlords should treat every ESA request as a reasonable accommodation request, not a pet application. If the tenant's documentation is unclear or questionable, it's safer to talk with the tenant first rather than deny the request right away.
This means asking follow-up questions about the disability-related need for the animal, not about the tenant's diagnosis or medical history. This step matters even more now. A May 22, 2026, HUD enforcement memo narrows federal Fair Housing Act enforcement to trained assistance animals, so HUD itself will not pursue a complaint over an untrained ESA.
That does not repeal the underlying law. A tenant can still bring a private lawsuit under the FHA in federal or state court, so denying a request too quickly still carries real legal risk.
Tenant Rights and Responsibilities with ESA
Tenants have important rights and responsibilities when living with an ESA.
Right to Reasonable Accommodation
The most important right tenants have is the right to reasonable accommodation. Under the FHA, landlords must make exceptions to any “no-pets” policy and allow an ESA in the rental unit. This applies regardless of the landlord’s personal feelings toward animals.
No Pet Deposits or Fees Access
One of the most common questions is: Do tenants have to pay pet rent for an ESA? The answer is clear - no. Landlords cannot:
- Charge a pet deposit for an emotional support animal.
- Add monthly pet rent for an ESA.
- Apply non-refundable pet fees.
Note on Enforcement: Following the HUD enforcement memo issued on May 22, 2026, HUD will no longer pursue federal complaints regarding untrained ESAs. If a landlord attempts to charge these fees anyway, tenants will now need to rely on state agencies or private lawsuits to enforce their rights rather than federal intervention.
Despite this shift in federal enforcement, the core rule hasn't changed. Because an ESA is not considered a pet under federal law, it must be treated differently than an ordinary animal, meaning neither refundable deposits nor non-refundable pet charges apply.
Rights Protection from Discrimination
Tenants are protected from being:
- Evicted because of an ESA
- Denied a lease renewal for requesting an ESA
- Charged higher rent to offset supposed risks
Landlords cannot retaliate against tenants who submit a valid ESA letter. If this happens, tenants can file a complaint directly with HUD or their local fair housing authority.
Liability for Damages
While landlords traditionally couldn't charge a separate pet deposit for an ESA, HUD no longer enforces this federally as of May 2026 for untrained ESAs. Regardless of that shift, the tenant remains responsible for any damage the ESA causes, which can be deducted from the standard security deposit.
Maintain Control and Hygiene
Tenants must maintain control of their ESA at all times and ensure proper hygiene and cleanliness to prevent property damage or disturbances to neighbors:
- Keep their ESA under control (no excessive barking, roaming, or aggression)
- Maintain proper hygiene (clean litter boxes, waste disposal, grooming)
- Prevent disturbances to neighbors
Failure to manage an ESA properly can result in valid complaints and, in extreme cases, legal eviction proceedings.
Limitation on Number/ Type of ESAs
The FHA does not give unlimited rights to keep any number or type of ESAs. Landlords may challenge requests that:
- Involve multiple ESAs without proper medical justification
- Request unusually large or exotic animals that could pose a danger or create structural challenges (e.g., a horse in an apartment)
- Create an undue financial or administrative burden on the housing provider
For example, a tenant requesting three large dogs without medical documentation may face a valid denial. But a tenant with one small ESA, supported by an LMHP letter, is protected.
How to Spot a Legitimate ESA Letter vs. Fake Services for Landlords?
The prevalence of online services selling "instant" letters has made pet screening difficult. Landlords must know how to spot non-legitimate documentation.
Online "Instant" Letters Without Consultation
A legitimate ESA letter comes from a professional who has an actual ongoing therapeutic relationship with the tenant, not just a name and license number printed on a template.
Be skeptical of sites that promise a letter instantly or after a short online questionnaire, since many of these services attach a real LMHP's credentials to a form letter without ever having a genuine clinical relationship with the person requesting it.
Seeing a license number on the page does not confirm the letter is legitimate. What matters is whether that professional actually evaluated the tenant over time as part of ongoing care, not whether their title appears on the document.
Generic Templates or Missing Professional Information
A valid letter should be on the licensed professional's official letterhead and include their license number, date of issue, state of licensure, and signature. Generic, templated letters are often fake.
Unlicensed Providers or No License Shown
Ensure the person signing the letter is a Licensed Mental Health Professional (LMHP), such as a psychiatrist, psychologist, or licensed clinical social worker, and that their license number is clearly shown.
No Follow-up Options or Phone Numbers
If the provider offers no way for a landlord to verify the information beyond an email, or if the phone number is nonexistent, it’s a red flag. Landlords have the right to verify the authenticity of the letter, not the disability itself.
What Landlords Can Request From an ESA Letter.
A landlord can request a letter that confirms the tenant has a disability and needs the ESA for a disability-related reason. The letter should come from a licensed professional who has a real clinical relationship with the tenant. It should list the professional's name, license number, and state of licensure.
A landlord can ask for:
- Confirmation that the tenant has a disability, if it is not already apparent
- A statement that the animal is needed to help with that disability
- The licensed professional's name, license number, and contact information for verification
Just as important is knowing where that request has to stop. A landlord cannot ask for:
- A specific diagnosis or details about the tenant's condition
- Medical records or access to the tenant's medical provider
- Proof that the animal completed formal training, since ESAs do not require it
A landlord who does this today faces a lower chance of federal HUD action for an untrained ESA, but the underlying FHA rule has not been repealed, and state-level protections may still apply. Landlords who keep their request to these points protect themselves from a discrimination claim, while still getting a fair check on the letter's legitimacy.
Conclusion
So, can landlords charge a pet deposit for ESA? The FHA's text still treats a legitimate ESA as a disability accommodation rather than a pet. Since May 22, 2026, HUD will no longer federally enforce that fee exemption for untrained ESAs. Landlords should check current state law and their own risk tolerance before deciding.
Landlords can still hold tenants accountable for real damage. They can also confirm that the letter comes from a real licensed professional, not a template mill.
Landlords who follow this standard avoid fair housing complaints and keep their property in good shape. Tenants get the housing access that the law was built to protect. For more guidance on property rules, see ready-to-use lease agreement templates.
FAQs
Can Landlords Charge Pet Rent for ESA?
No, The FHA's text still classifies ESAs as assistance animals, not pets, and traditionally exempted them from pet rent. However, since May 22, 2026, HUD will not pursue a federal discrimination case over this for an untrained ESA. Check your state's fair housing law, which may still prohibit it.
Are ESA Exempt from All Pet Fees?
Under the FHA's text, yes, in principle. In practice, since May 2026, HUD will no longer enforce this exemption federally for untrained ESAs, so protection now depends mainly on state law or a private lawsuit. The only costs a tenant is liable for are those resulting from direct damage caused by the animal.
What If the ESA Causes Property Damage?
A landlord traditionally couldn't charge a separate pet deposit for an ESA under the FHA. As of May 2026, however, HUD no longer enforces this federally for untrained ESAs. But the tenant stays financially responsible for any damage the ESA causes beyond normal wear and tear. For inspections, see What Can a Landlord Look at During an Inspection.
Disclaimer: The information provided in this post is intended for general informational and educational purposes only. It should not be construed as legal, accounting, or tax advice. For guidance specific to your situation, we recommend consulting with a qualified professional in the relevant field before taking any action based on the content provided.
