Guide

Can a Landlord Charge a Pet Deposit or Pet Rent for an Emotional Support Animal?

What fees a landlord generally can and can’t charge for an approved emotional support animal, what you’re still responsible for, and what to do if you’re charged anyway.

Updated October 23, 2026 • 3 min read
Couple signing a document at a desk
In this guide
  1. Why ESAs are treated differently from pets
  2. Fees that generally don’t apply to an approved ESA
  3. What you’re still responsible for
  4. When does the fee exemption start?
  5. What to do if your landlord charges pet fees for your ESA
  6. Before you sign a lease
  7. The bottom line
Key takeaways

  • An approved emotional support animal is an assistance animal, not a pet, under fair housing rules.
  • That means landlords generally don’t charge pet deposits, pet fees or pet rent for an approved ESA.
  • You can still be charged for real damage your animal causes, like any tenant.
  • Regular security deposits and rent that every tenant pays still apply.

Pet fees add up fast — a one-time pet deposit, a non-refundable pet fee, then monthly pet rent on top. If your animal is an approved emotional support animal, most of those charges generally don’t apply. Here’s how it works.

Why ESAs are treated differently from pets

Under the Fair Housing Act, allowing an assistance animal is a reasonable accommodation for a person with a disability. Charging extra fees just because of that accommodation would make it harder for people with disabilities to get equal housing — so, as a general rule, pet-specific charges aren’t applied to approved assistance animals. Many state laws say the same thing directly.

Good to know: In September 2025, HUD withdrew its older guidance notices on assistance animals, which had addressed fees. The Fair Housing Act itself didn’t change, and many state laws still prohibit these charges. With less federal guidance, landlord practices vary more — so it helps to know your rights and keep everything in writing.

Fees that generally don’t apply to an approved ESA

  • Pet deposits
  • Non-refundable pet fees
  • Monthly pet rent
  • “Pet application” fees

What you’re still responsible for

  • Damage. If your animal damages the unit, you can be charged for repairs, just like any tenant who causes damage.
  • The standard security deposit that all tenants pay.
  • Normal rent and any fees every tenant pays.
  • Following community rules — leash rules, cleanup and noise.
Person filling out a paper form

When does the fee exemption start?

Generally, once your reasonable accommodation request is approved. If you’ve been paying pet rent for an animal that later becomes an approved ESA, ask your landlord in writing whether the pet charges will stop going forward. Rules about refunds of past fees vary, so if there’s a dispute, a local fair housing organization or attorney can advise you.

What to do if your landlord charges pet fees for your ESA

  1. Make sure your request was approvedConfirm your ESA accommodation is approved in writing.
  2. Ask in writing for the fee to be removedPolitely explain that your animal is an approved assistance animal, not a pet.
  3. Share a current, verifiable letterA letter your landlord can confirm online — like a Dogtor’s Note letter — usually ends the back-and-forth quickly.
  4. Keep recordsSave the lease, invoices and every message.
  5. Get help if neededContact a fair housing organization, or file a complaint with HUD or your state agency.

Before you sign a lease

If you’re applying for a new place, send your accommodation request before you sign. That way, pet fees can be left out of the lease from the start. Our ESA request email template makes it simple. HOAs and condo associations follow similar rules — see HOAs and emotional support animals.

The bottom line

Approved emotional support animals generally aren’t subject to pet deposits, pet fees or pet rent, but you’re still responsible for any damage. Get your accommodation approved in writing, keep your letter current, and you’ll avoid most fee disputes.

Frequently asked questions

Can my landlord charge pet rent for my ESA?

For an approved emotional support animal, landlords generally don’t charge pet rent, because an assistance animal isn’t treated as a pet. Many state laws say this directly.

Do I have to pay a pet deposit for an emotional support animal?

Generally no, once your ESA accommodation is approved. You may still pay the standard security deposit that every tenant pays.

Can my landlord charge me if my ESA damages the apartment?

Yes. You’re responsible for actual damage your animal causes, the same as any tenant who damages a unit.

Will I get back pet fees I already paid?

It depends on your situation and state law. Ask your landlord in writing, and if there’s a dispute, contact a fair housing organization or attorney.

Does this apply to HOAs and condo associations?

Generally yes. The Fair Housing Act covers HOAs and condo associations, and they generally don’t charge pet fees for approved assistance animals either.

This guide is general information, not legal or medical advice. Laws and policies change and can vary by state, city and building. For advice about your situation, talk with a licensed professional.

Ready to keep your animal by your side?

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