Fact checked

Can I Get an ESA After I Move In? - ESA Letters for Apartment Rentals

Author
Kristi Carignan
-
at
·
August 8, 2024
July 11, 2023
·
5 minute read
Updated By
Pettable Staff
·
February 12, 2024
Expert Reviewed By:
·
July 11, 2023
August 29, 2023
·
5 minute read
·
February 12, 2024
Explore how to get an ESA even after moving into a new place. Learn the guidelines and possibilities for obtaining an ESA post-move.

What are ESA Rules in your State?

California
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Here’s laws for California in 2024.

If you are a California resident and have a dog you must establish a relationship of no less than 30 days with the therapist writing the ESA letter.

The law that requires this is the AB 468 law which was passed on January 1, 2022.

This law doesn’t apply to any other type of ESA.

If you have an emotional support animal (ESA) or you are considering getting one, you may have wondered whether getting an ESA after you move into your rented accommodation is possible. In this guide, we will explore everything you need to know about ESA letters and whether or not it is possible to present one to your housing provider after you move in.

What is an Emotional Support Animal (ESA)?

An emotional support animal is an animal counterpart who provides love, loyalty, and companionship to its owner. Their physical presence and the routine they offer give huge emotional and therapeutic benefits to their handler. ESAs can support owners through a myriad of mental and emotional health conditions, including depression, anxiety, bipolar, schizophrenia, OCD, and so much more.

While similar to psychiatric service animals or psychiatric service dogs (PSD) in terms of offering therapeutic benefit for mental health disabilities, they differ slightly. In accordance with the Americans with Disabilities Act (ADA), service animals must perform a specific task or function directly related to the owner's disability. ESAs, on the other hand, provide therapeutic benefits through their presence, even if they do not perform a specific task (like reminding their owner to take their medication or warning them about an oncoming panic attack).

ESAs can be any legal domestic breed of animal, including cats, dogs, rabbits, guinea pigs, goats, miniature horses, hamsters, snakes, bearded dragons, and ferrets. Many studies have shown that their companionship and ability to provide routine offer significant therapeutic advantages that can alleviate the symptoms of mental health disorders.

ESAs are specifically protected under the Fair Housing Act (FHA). Under this Act, landlords must make reasonable recommendations for ESAs and cannot unfairly discriminate against them.

What is an ESA Letter?

An ESA letter is an official letter by a licensed mental health practitioner (LMHP) that stipulates that your ESA is needed because of a mental health condition. Much like a medical prescription, an ESA letter states that your emotional support animal is necessary for your health and well-being. Therapists must be licensed in the state in which the qualifying person resides.

An example graphic of a legitimate ESA letter.

Can I Get an ESA After I Move In?

Most of the time, prospective tenants present an ESA letter to the potential landlord before moving in. But what if things change in the middle of a lease, and you need an emotional support animal?

Say you have already signed a rental agreement in a no-pet complex and then qualify for an emotional support animal. In such an instance, it is possible to send your landlord an official ESA letter and request accommodations for your ESA.

People realize they need an ESA at any point in their lives, and this may occur after signing a lease agreement. If this happens, it's important to contact a qualified mental health practitioner who can assist you in writing an official ESA letter that you can present to your landlord.

Can a Landlord Deny an ESA?

Generally speaking, landlords must accept ESA letters as per the Fair Housing Act (FHA). An ESA is regarded as a medical aid rather than a pet, and as such, certain exemptions like pet rental or tariffs are waived. The Fair Housing Act states:

"Housing providers cannot refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling." 

Despite the FHA, there are a few situations where a landlord can refuse an ESA. One such reason is that the landlord can identify that the animal's presence will cause "undue hardship." For example, another tenant is severely allergic to the animal, or the animal is aggressive to other animals or children. They may also argue that the animal's size is unsuitable for the particular space.

While the landlord cannot enact an unlawful eviction in such instances, they must follow due process.

Who Qualifies for an ESA?

People with a qualifying mental health condition identified by a licensed medical practitioner qualify for an ESA. Mental health conditions include anxiety, depression, post-traumatic stress disorder, OCD, schizophrenia, bipolar, eating disorders, and more.

How to Get an ESA Letter Online with Pettable

Happily, Pettable can make the process of obtaining an ESA letter a total breeze. Simply follow our quick and easy steps.

Take our Assessment

Take a quick assessment so we can determine your needs and connect you to a licensed therapist in your state.

Attend a Brief Consultation

Attend a consultation and meet with your therapist. Once you qualify, you will get your ESA letter within 24-48 hours. If for some or other reason you don't, we'll offer 100% of your money back.

Present Your ESA Letter to Your Landlord

Once you've got your letter, show it to your landlord, who must make 'reasonable accommodations’ as per the FHA.

The Takeaway

It is possible to give an existing landlord an ESA letter after signing your lease. While there are some situations in which a landlord might deny the letter – for example, if the ESA causes 'undue harm' – for the most part, they should accept your letter as per the FHA.

If you want to connect with a therapist in your state and obtain an official letter, get in touch and follow our simple ESA letter process.

Meet the author:
Kristi Carignan
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at

Kristi Carignan is a seasoned freelance writer with over 20 years of experience crafting copy for global agencies and brands. When she's not writing, she enjoys spending time with her furry companions, Sugar the PomChi and Rudy the Shiba Inu, and indulging in hobbies like crafting and home renovation.

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