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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.
The Bottom Line
ESA owners don’t pay pet deposits or fees – The Fair Housing Act (FHA) prohibits landlords from charging pet deposits or rent for emotional support animals with a valid ESA letter.
Landlords can charge for ESA property damage – While there are no pet fees, landlords can legally require payment for any damages caused by your ESA.
Official ESA letters secure your housing rights – Presenting a legitimate ESA letter exempts you from pet-related fees and ensures your ESA can live with you, even in no-pet housing.
Get started with an ESA letter for housing – Secure your ESA letter through Pettable to enjoy housing protections and save on pet fees.
With the high cost of living, you might be wondering how expensive it is to get a pet or keep them when you move — pet deposits, pet rent, and other fees can add up. If you get an ESA letter, though, that all changes. We even did a survey to see how ESA letters help cut pet housing costs, helping pet owners avoid fees and keep their fur babies with them.
This article will finally answer your question: Do you have to pay a pet deposit for an emotional support animal? Plus, we’ll clarify the specific legal protections emotional support owners have. There are some nuances to what’s covered and what’s not, so let’s dive in so you know your rights.
Pet Deposit for Emotional Support Animals
This article explains how an ESA letter exempts individuals from paying pet deposits, pet rent, and other fees under the Fair Housing Act (FHA), which protects ESA owners in rental housing. While landlords cannot charge additional pet fees for ESAs, they may charge for any property damage caused by the ESA. To benefit from these protections, tenants need a valid ESA letter from a licensed mental health professional, which confirms their ESA’s role in supporting their mental health. Clear communication and proper documentation ensure a harmonious rental experience for ESA owners and landlords alike.
What is an Emotional Support Animal (ESA) Under the Fair Housing Act?
Our pets give us countless moments of comfort and support — but if you have a mental or emotional health issue, your pet could become your official emotional support animal (ESA).
These animals aren’t considered pets; they’re legally recognized as emotional support for people struggling with mental health challenges. That means your ESA is protected under the Fair Housing Act (FHA), protecting them from any pet regulations in rental housing. ESAs are even allowed to live in no-pet housing and owners don’t have to pay any pet-related fees or deposits.
The ESA legal protections, however, only work if you have an officially valid ESA letter from a qualified mental health professional. A licensed therapist has to verify that the animal offers essential emotional support that contributes to your well-being. Once you get your document, which only takes 24 to 48 hours after getting approved with a Pettable licensed therapist, you can live in any rental housing without added pet fees.
Do You Have to Pay a Pet Deposit for an ESA?
No, the ESA pet deposit rules under the FHA clearly state that landlords can’t charge a pet deposit if you have a legal ESA letter. Landlords also can’t charge hidden pet-related fees; the ESA is only considered essential and official mental health support.
Regardless of the rental property’s pet policy, ESA owners don’t have to pay any pet-related fees. You only need an ESA letter to save on pet rent and fees.
You can also get a pet deposit refund if you get an ESA letter after moving in. Just present it to your landlord and request a refund.
When Can Landlords Charge Fees for Emotional Support Animals?
While landlords can’t charge a pet deposit or fees for ESAs, there are some circumstances where they can ask for a payment:
Damage Caused by the ESA
You might be wondering, “Can a landlord charge for ESA damages?” The answer is, yes. If your ESA damages the property, the landlord can ask for a payment to cover the repair costs. That includes stained carpets or floors, scratched or damaged furniture that belongs to the property, or even wear and tear that goes beyond normal use.
For example, if your ESA chews on door frames or soils the carpet, the landlord has the legal right to deduct the repair fees from your security deposit or request an extra payment to cover the costs.
Excessive Disruption or Danger
It’s rare but, if your ESA poses a significant threat to the property or other tenants, the landlord might have grounds to refuse or remove the animal from the property. This usually only happens if the animal is a direct risk to someone or if they cause excessive disruption that can’t be managed.
For example, if an ESA is aggressive towards your neighbors or causes continual and serious property damage, the landlord can take legal action to step in and ask for the animal to be removed.
This exception is to make sure that everyone involved feels safe and can live reasonably, such as without excessive noise or fear. The goal is to create harmonious environments comfortable for everyone.
Can landlords charge an ESA pet rent?
Thanks to the FHA, landlords can’t charge pet rent for ESAs. They also can’t restrict certain breeds, or ask for more rent or fees because of the size of the animal.
How to Handle ESA Documentation and Pet Policies
Your ESA documentation is just a valid letter from a licensed mental health professional. Once you have it, send your emotional support animal letter for your landlord to approve. From there, you’re covered under the FHA and the landlord can’t charge any pet fees or deny you housing because of your pet.
If your landlord is worried about pet damage, try talking it out. Offer solutions, like taking extra care with cleaning the apartment or using rugs to avoid floor damage. Try setting the tone for a positive relationship to enjoy a smoother rental experience.
FAQs
Can a landlord charge a pet deposit for an emotional support animal?
No, the Fair Housing Act (FHA) states that ESAs are exempt from pet fees and deposits.
What happens if my ESA causes damage to the property?
Landlords have the legal right to charge for repairs caused by your ESA. That includes damaged carpets, floors, furniture, etc.
Can a landlord deny an ESA in no-pet housing?
No, as long as you have an official ESA letter, no landlord can deny your ESA — even in no-pet housing spaces.
How do I prove my ESA status to my landlord?
You only have to show your landlord your legally valid ESA letter from a licensed therapist — which you can easily get through Pettable.
Are pet fees and deposits different for ESAs?
Yes, there’s no pet deposit for an ESA. You may have to pay if any property damage is caused by your ESA, but there aren’t any other ESA pet fees.
Final Thoughts
The bottom line is that under the FHA, landlords can’t charge any pet deposits or fees for ESAs. You only need to show your official ESA letter for housing to be allowed to live anywhere, even in places where pets aren’t allowed.
But — that doesn’t mean that you’re off the hook if your ESA causes damage to the property. Landlords can subtract from your deposit or ask for fees to cover the costs of repairs needed.
For a smooth rental experience, open communication is key. Share your needs, listen to your landlord’s concerns, and set clear expectations from the start. Respect each other’s perspectives to create a supportive and harmonious rental environment for everyone.
Nadya Khoja is the Head of Content & SEO at Pettable. She has been featured on Forbes, CBC, Wall Street Journal, and many other notable publications. She has spoken around the world, educating various business leaders about building and executing scalable marketing strategies in the health tech space.
