Do You Have To Pay a Pet Deposit for an Emotional Support Animal? Read This Before Signing That Lease

Wait… why’s there a pet deposit listed?

They know it’s an emotional support animal… right?

Should I say something? What if I lose the apartment?

If you’ve had similar thoughts while house-hunting with your cuddle buddy (who also happens to be your lifeline on tough days), you’re not alone. Moving in with your ESA comes with real responsibilities, legal obligations, and yes, an awkward conversation or two with the landlord.

So, do you have to pay a pet deposit for an emotional support animal, or is it just a sneaky way to charge you extra for bringing your ESA with you?

This guide will clear that up, and help you understand what the law really says about charging any type of ESA pet fee. You’ll also learn about the legal process of obtaining an ESA letter that holds up legally and helps you exercise your rights as an ESA owner. 

Can a Landlord Charge a Pet Deposit for an ESA?

No, your landlord can’t charge a pet deposit for your ESA. They might have tails and whiskers, but in the eyes of the law, ESAs aren’t just pets—they’re assistance animals. According to the Fair Housing Act (FHA), since they help you manage a mental health condition, your ESA is exempt from standard rules such as:

• Pet deposits
• Pet rent
• Pet fees
• Breed bans

That’s because the FHA requires landlords to provide reasonable accommodations for people with disabilities. This means that if you’re diagnosed with a mental health condition like PTSD, anxiety, depression, or bipolar disorder, and you have the paperwork that proves your four-legged companion helps you cope, you can legally live with your ESA without paying pet deposits—even in “no pets” housing.

What Happens if a Landlord Charges an ESA Pet Deposit?

Landlords who try to sidestep the law and tack on ESA pet deposits are asking for trouble. If they try to charge you, here’s what could come barking back at them:

• Discrimination complaints: If your landlord is trying to charge you pet fees or refusing to accept your valid ESA letter, you can file a formal complaint with the U.S. Department of Housing and Urban Development (HUD). They take ESA rights seriously, and your voice can trigger a full investigation
• Civil penalties and legal action: If things escalate, your landlord could end up in hot water (and not the spa kind). We’re talking fines, lawsuits, and possible settlements. In many cases, they may have to cover your legal fees or even compensate you for stress, emotional harm, or lost housing. So yes, your ESA’s cuddle power is legally backed
• Surprise enforcement operations: Federal agencies like HUD and the Department of Justice don’t just sit on the sidelines—they actively sniff out FHA violations. In fact, in one undercover sting back in 2008, HUD agents posed as tenants and called a property where the manager repeatedly said, “No pets allowed,” even after being told the animal was an ESA. The landlord ended up paying $60,000 in penalties and over $20,000 in attorney’s fees for violating HUD’s ESA guidelines

Can a Landlord Charge Anything for an Emotional Support Animal?

With those pesky pet deposits and fees off the table, things might be starting to look up. But before you and your furry friend break out the celebratory treats, let’s talk about what your landlord can still charge you for (because while ESA protections are strong, they only guarantee fair treatment, not a free pass for furry mischief).

Here’s a breakdown of what the landlord can still charge for an ESA:

What Rights Do Landlords Have When It Comes to ESAs?

While the FHA gives you valuable protections as an ESA owner, that doesn’t mean landlords are totally without a say. In addition to being able to charge you valid damage costs, there are certain situations where landlords can legally deny your ESA request or ask you to move out (potentially harming your rental record in the process). This happens when:

• Your ESA is dangerous or shows disruptive behavior: Is your dog loudly barking at every bird outside? Growling at your neighbors? Landlords aren’t required to tolerate ESAs that pose a direct threat to health and safety, and they can legally evict you with your ESA if that’s the case. However, they must have real evidence, like complaints from other tenants, incident reports, or photos
• Your ESA causes major property damage: We’re not talking minor scratches on the doorframe; landlords can always charge smaller damages from the security deposit. But if your ESA destroys common areas in apartment buildings, chews through electrical wires, or repeatedly causes costly damages, that may be a valid reason for eviction
• You don’t have valid documentation: Your landlord can double-check that your ESA letter was actually written by a real, licensed mental health professional (LMHP) in your state. If your letter looks like it was whipped up by a magic ESA generator, is missing key details, or comes from a site promising “instant approval,” it’s probably going to raise a few red flags. Also, if your ESA letter has expired, they might need an updated version

What Do Landlords Look For in an ESA Letter?

Your ESA might be a cuddly therapist to you, but to your landlord? All that matters is what’s on paper. And only a legit ESA letter will hold up under scrutiny and keep your application out of the rejection pile. 

So, how do you make sure your ESA letter passes the test? Well, it must meet these requirements:

1. It should come from the right kind of professional: We’re talking therapist, psychiatrist, psychologist, licensed clinical social worker, counselor, or psychiatric nurse practitioner. And here’s the kicker: they must be licensed in the same state where you’re seeking housing
2. It should include the provider’s credentials: Your ESA letter is an official document, and it must look the part. It has to be written on the provider’s letterhead and include all the necessary credentials, including your LMHP’s name, state license number, contact information, National Provider Identifier (NPI) number, and signature
3. It should be based on a mental health need: The letter doesn’t need to name your diagnosis (because that’s private info), but it must state that you’re being treated for a mental or emotional condition recognized by the DSM-5-TR (the big-deal clinical manual for mental health professionals). It needs to spell out that your ESA alleviates symptoms of your condition and plays a therapeutic role in your daily life

Where To Get a Legit ESA Letter

In your quest for a letter that will help you waive that deposit, you’ll probably see online ads for services claiming to “register” your emotional support animal or provide instant ESA approval for a small fee. While they might look official, these sites sell nothing more than false promises—flashy certificates, phony ID cards, and downloadable templates that aren’t legally recognized.

Landlords or housing associations can often spot these fakes a mile away, and relying on one could cost you your housing rights—or worse, get you evicted. Only an ESA letter written by an LMHP counts as valid documentation in ESA housing matters.

Of course, one way to get the letter is to search for an LMHP in your state, wait for an appointment, and ask them for a letter when it rolls around. But you may have to spend weeks vetting LMHPs, trying to book appointments, and sitting through multiple in-person visits. 

An alternative to all this chaos is to get the letter online, but legally. You can do so with a reliable online ESA provider that fast-tracks the process and offers legit ESA letters while skipping the hassle—like Your Service Animal. 

Your Service Animal: A Faster Way To Waive Pet Deposits

Your Service Animal understands how frustrating it can be to face unexpected pet fees when your ESA isn’t supposed to count as a pet in the first place. That’s why the platform is designed to help you quickly get the documentation you need to legally waive ESA pet deposits, fees, and rent.

And the cherry on top? It’s 100% online. From start to finish, you can complete the entire process from your couch (bonus points if your ESA is curled up next to you). Here’s why many pet parents turn to Your Service Animal for their ESA letter needs:

Get an ESA Letter ASAP

Ready to move in with your ESA without getting hit with a hefty pet deposit? Here’s all you need to do:

1. Find out if you’re a good fit for an ESA letter with our online quiz
2. Schedule an online appointment with a licensed mental health practitioner in your state
3. Attend the online call and receive your ESA letter if clinically appropriate
4. Receive a full refund if the therapist doesn’t issue an ESA letter or your landlord rejects your letter