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Can a Landlord Charge a Pet Fee or Security Deposit for a Service Animal?

Service dog in apartment

The Federal Fair Housing Act prohibits landlords from discriminating based on disability. Housing providers can never charge a fee or deposit just because a tenant needs a service dog.

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Imagine the following scenario: A tenant is accepted in a rental building and discloses that she has a service dog: a trained Golden Retriever that monitors her for impending seizures. In compliance with their federal Fair Housing obligations, the landlord agrees to accommodate the service dog even though the building prohibits all dogs over 12 pounds. 

However, the landlord says he will have to charge a pet security deposit. In addition, the building charges a monthly pet fee, but the landlord says he will give the tenant a 20% discount. Lastly, the landlord charges an application fee for considering the tenant’s request to live with their service dog. 

Were the landlord’s actions in compliance with HUD’s rules for service dogs? Let’s assess this situation with the following four questions.

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1. What Does the Federal Fair Housing Act Say?

Do the pet fee and pet security deposit requested by the landlord, even at a discounted rate, violate the Federal Fair Housing Act? 

According to the Federal Fair Housing Act, a landlord discriminates against a person with a disability if the landlord refuses to provide “reasonable accommodation” for their service animal without a valid exemption. Service dogs are not considered pets under HUD’s rules, but rather assistance animals needed by people with physical or mental health disabilities. Service dogs that are used for mental health conditions are known as psychiatric service dogs. 

Under HUD’s guidelines, landlords can never charge a fee or deposit for a tenant’s service animal. That is true even if the building charges a fee or deposit for all pets. Landlords cannot offer a discounted rate for waiving any pet fee, or charge an application fee for considering the service dog. 

The idea behind this rule is that it would be unfair and discriminatory to charge a person a fee or deposit just because they have a disability requiring a service animal. To charge an additional fee for the service animal would be like charging an individual for using a cane or a wheelchair — the service dog is a vital tool to the owner to overcome the challenges of their disability.

Charging a pet security fee or a pet deposit for a service animal is unethical and illegal.

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2. How Does a Service Animal Relate to a Person’s Disability?

Service dogs are used by people with both physical and mental health disabilities. To have an official service dog, an individual must have a qualifying disability and a fully trained dog that can perform one or more tasks or jobs related to their condition. 

There are countless vital tasks that service animals perform for their owners. For example, a service dog can be trained to pull a wheelchair or provide guidance for someone with visual impairments. A psychiatric service dog can be trained to retrieve medications, provide calming tactile stimulation during moments of crisis or interrupt panic episodes.

3. Who Pays for Damages? 

Does this mean that a person with a disability would never need to pay for damages caused by their service animal? No, service dog owners are always responsible for the actions of their animals. No matter how well-trained a service animal is, they’re still animals. Accidents can happen. If the rental property sustains damage (aside from usual wear and tear) from a service animal, the service dog owner would be held responsible. If the tenant had deposited a standard security deposit under their lease, the landlord might collect for damages from that amount.

It’s always essential, in any residence, for service animal owners to respect the property and the rights of others around them. 

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4. How do you prove that you own a service dog?

If you own a service dog, the landlord can ask two questions for verification: 

  1. Is the dog a service dog required because of a disability?
  2. What work or task has the dog been trained to perform?

Landlords cannot insist on documentation for service dogs. However, you may have seen service dog owners carry items like ID cards, vests, certificates, and tags. These items are used by service dog owners to publicly signal that their animal is a working service animal. Still, this paraphernalia does not by itself elevate a dog to service animal status. 

Service dog equipment can be especially helpful in buildings that ban pets since other residents will be curious about why your service dog has been allowed on the premises. Having items that clearly indicate your dog is a service dog can alleviate any potential confusion and tension with other residents.

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About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.

22 comments

  1. Kim says: October 19, 2020

    How am I supposed to override a decision by my HI company? If they say no aggressive breeds,they don’t care that it’s a service animal.

    And why can’t I ask for drs note forother breeds being represented as a service animal with only an online verification?

    I’m not against a service animal at all, but I’ve been turned down for HI during their yearly inspections.

    People think they can strap a band on a skunk and it suddenly becomes a service animal. Can u help?

    Reply
    • Lesa says: January 6, 2023

      I have a note for my doctor saying that I need a cat for emotional support and for everyday activities to live independently is that legal for them to charge me $150 and even though I’m disabled and I’m on disability and go to mental health services?

    • SDC says: January 9, 2023

      If you have a valid ESA letter, it is not legal for a landlord to charge any type of fee or deposit because a tenant owns an emotional support animal.

  2. Richard Norris says: April 24, 2021

    My landlord Marcos Herrera of Lakeview Oregon has charged me a pet deposit for my federally registered service animal number 203-67-64579 which is highly against law and needs to be schooled on service animals he’s a piece of medical equipment that is needed I’ve already paid a deposit and he required an additional $350 deposit

    Reply
  3. Tonya Juanita Vickers says: April 4, 2022

    The owner of my building is now wanting to charge me for my emotional support dog which I’ve lived here since 2017 and nothing was ever mentioned about a deposit or pet fee..I’m now being harassed and sent letters for payments .. I have a doctor note reg # and filled out his paper work and he’s still demanding 300. From 10/21 to.present.. I’m not paying it .. Its not right or fair..

    Reply
    • SDC says: April 6, 2022

      If you have a properly qualified emotional support animal, landlords are not permitted to charge any type of animal fee or deposit.

  4. Donna Davidson says: May 6, 2022

    I have a cat that is my emotional support animal as I suffer from depression and PTSD. They want to charge me the $300 pet fee. Can they do this? My doctor is willing to state this in a letter on my behalf. Can this really be done? Thank you for your time.

    Reply
    • SDC says: May 8, 2022

      If you have an ESA letter from a licensed healthcare professional, landlords are not allowed to charge pet fees under HUD rules.

    • Liz L says: May 29, 2022

      I can’t find a way to add without making a comment. I am on Section 8. I have a ESA and a letter from a licensed therapist that specifically states that she is my ESA. When I 1st moved into my apt she said a deposit wasn’t required. Well then when she found out about my ESA she said she wanted a 650 deposit. She was given that because I was afraid to lose my ESA not knowing the laws. I have text messages that prove all of this too. Can she be in trouble for this? Would accepting pet deposit on a ESA be decrimination against me for having a disability?

    • SDC says: June 2, 2022

      Landlords are never allowed to charge any type of fee or deposit for an emotional support animal, you should be able to get your deposit back if it was charged specifically because you have an ESA.

  5. Arthur Lopez says: April 3, 2023

    My landlord is charging me a deposit for a service dog that is that illegal. Is there a statue that you could send me?

    Reply
  6. Kristine says: January 31, 2024

    I entered into a Lease and paid a $500.00 pet deposit fee for my dog. At the time of signing the Lease my dog was not a registered and certified SA. Since then my dog has been certified as a service animal. Am I entitled to the return of my pet deposit?

    Reply
    • SDC says: February 2, 2024

      First, we want to clarify that you do not need to register or certify a dog in order for it to be a valid service animal. You can certainly register and certify a service dog, but those are voluntary steps for service dog owners. In any case, if your dog has qualified for service dog status, you are certainly entitled to a return of any pet deposit you paid. You would also be exempt from any ongoing pet fees.

  7. Carl O'Kaine says: February 7, 2024

    Wow! This is a great way to convince landlords to never rent to anyone who has a dog or cat! A dog or a cat can cause many thousands of dollars of damages by urinating and defecating on the floors, scratching up moldings and HW floors, etc. Not allowing a pet security deposit just causes landlords to choose other, similarly-qualified, applicants who don’t have pets.

    It’s no wonder it’s so difficult for people with service animals and emotional support animals to find apartments!

    Reply
    • SDC says: February 8, 2024

      This article is in regards to service dogs which are used by the disabled. Charging security deposits and fees for a disability accommodation would be discriminatory under federal and state disability laws. A properly trained service dog should be much more well behaved than a typical pet and will usually not cause significant damage. In any case, service dog owners are still responsible for paying for any damage to the property caused by their animal. The ADA and Fair Housing Rules do not absolve them of that responsibility.

  8. Tonya kelley says: February 22, 2024

    I am inquiring on the next step that I need to take to apply for this emotional support thing w my dog please.

    Reply
    • SDC says: February 23, 2024

      We’d be happy to help you! Please see this link for more details on how to proceed with getting an ESA letter: https://www.servicedogcertifications.org/esa-letter/

    • Victor Breker says: April 15, 2024

      This isn’t reasonable. You mean we have to except untrained monster dogs because they have a piece of paper they bought in the mail and. Not charge a deposit??? So an untrained dog can tear up my property and we are left holding the bag. I can see the reasoning behind TRAINED dogs and owners. But just any dog with papers?? You all are crazy.

    • SDC says: April 16, 2024

      Respectfully, there are many things wrong with your statement. Landlord’s don’t have to accept any dog that causes substantial property damage, state and federal ESA rules are very reasonable about this. ESA owners are also not exempt from having to pay for any damages. And you can’t qualify for an ESA with a “piece of paper” you buy in the mail. You need a signed letter from a licensed healthcare professional that has actually evaluated the owner’s mental health.

  9. Hil. says: February 27, 2024

    Our dog is a service animal and we didn’t pay for the pet deposit but we still get charge for pet rent. And this is a monthly rent. Can the landlord
    can still do that?

    Reply
    • SDC says: March 4, 2024

      Landlords are not allowed to charge pet rent or any type of pet fee for dogs that are service animals.

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