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.

Ca flats 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 flat 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
2. Discuss your condition
3. Request an ESA letter
4. The ESA letter content
5. Keep the original copy
6. Communicate with your landlord
7. Know your rights

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 flat.

How to apply for a flat with an emotional support animal

Follow these steps when applying for a flat with an emotional support animal.

1. Obtain an ESA letter
2. Contact the landlord or property manager
3. Provide documentation
4. Negotiate reasonable accommodations
5. Sign your lease agreement

Frequently asked questions about renting with an emotional support animal

• Are there breed restrictions for an emotional support animal?
• What is the difference between an emotional support animal and a service animal?
• How do I register my emotional support animal?
• Is a pet deposit the same as a pet fee?
• Is a pet deposit required for all emotional support animals?
• Can a landlord charge a higher pet deposit for an emotional support animal?
• Is the pet deposit refundable for emotional support animals?
• Can the landlord use the pet deposit for general maintenance or repairs?
• Are there any restrictions on the amount of the pet deposit?
• Can a landlord charge additional fees or deposits for an emotional support animal?
• What should I do if I encounter issues regarding a pet deposit for an emotional support animal?

Knowing your rights will allow you to have a conversation with your landlord about your emotional support animal. Search thousands of pet-friendly flats on iROOMit and find your new home with your furry friend.