US Legal Forms
Legal Resources
Questions & Answers
Landlord Tenant
Can my landlordd charge me a pet deposit for an emotional service dog?

Can my landlordd charge me a pet deposit for an emotional service dog?

Full question:

can the person i was renting from charge me for pet deposit if i have an emotional service dog for depression, and anxiety registerd and have doctors letters

Category: Landlord Tenant
Subcategory: Pets
Date: 04/07/2025
State: National

Answer:

Under the Fair Housing Act a landlord cannot prohibit emotional service dogs or other assistance animals for people with disabilities which require the animal. Whether the pet is a service pet or an assistance pet they are allowed for the tenant. You are correct in that all you have to do is provide a letter from your doctor that you need an assistance dog.

This is part of the reasonable accommodations required by the Americans with Disabilities Act. If the landlord refuses you can request that your landlord be investigated for discrimination.

The Fair housing act applies to all types of housing, including public housing, except:

Rental dwellings of four or less units, where one unit is occupied by the owner;
Single family homes sold or rented by the owner without the use of a broker;
Housing owned by private clubs or religious organizations that restrict occupancy in housing units to their members.

Since the service and assistance animals are not technically "pets" a pet deposit is not required. You may still be responsible for damages caused by the animal.

References:
http://www.humanesociety.org/animals/resources/tips/assistance-animals-tenants-rights.html
https://www.certapet.com/emotional-support-animal-laws/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can landlords deny emotional support animals in MN?

In Minnesota, landlords cannot deny emotional support animals if the tenant provides proper documentation, such as a letter from a licensed mental health professional. Under the Fair Housing Act, emotional support animals are considered assistance animals, and landlords are required to make reasonable accommodations for them. However, landlords may deny requests if the animal poses a direct threat to the health or safety of others or if it causes significant property damage. Always consult with a legal professional for specific situations.

Do landlords actually verify ESA letters?

Yes, landlords often verify ESA letters to ensure they are legitimate. They may contact the mental health professional who issued the letter to confirm its authenticity. However, landlords cannot ask for detailed medical information about the tenant's condition. The verification process should respect the tenant's privacy while ensuring compliance with the Fair Housing Act regarding emotional support animals.

How to prove you need an ESA?

To prove you need an emotional support animal (ESA), you should obtain a letter from a licensed mental health professional. This letter should state that you have a mental health condition and that the ESA is necessary for your emotional well-being. It's important that the letter includes the professional's contact information and credentials. Keep in mind that the Fair Housing Act protects your right to have an ESA in housing situations.

How do landlords get around ESA?

Some landlords may attempt to get around ESA requirements by imposing additional fees or deposits, claiming the animal is a pet. However, under the Fair Housing Act, emotional support animals are not considered pets, and landlords cannot charge pet deposits. If a landlord refuses to accommodate an ESA without a valid reason, it may be considered discrimination. Tenants should document all communications and seek legal advice if necessary.

What mental illnesses qualify for ESA?

Mental illnesses that may qualify for an emotional support animal (ESA) include depression, anxiety disorders, post-traumatic stress disorder (PTSD), and other psychological conditions. The key requirement is that a licensed mental health professional must determine that the ESA is necessary for the individual's emotional support. Each case is unique, so it's essential to consult with a qualified professional for an assessment.