Emotional support animals (ESAs) are animals that provide comfort and emotional support to individuals with disabilities. While ESAs are not considered pets under the Fair Housing Act (FHA), landlords are still allowed to charge a pet deposit for an ESA. However, there are some important limitations on what landlords can charge.

Can a Landlord Charge a Pet Deposit for an ESA?

What is a Pet Deposit?

A pet deposit is a refundable fee that landlords charge tenants who have pets. The purpose of a pet deposit is to cover any potential damage that the pet may cause to the property. Pet deposits can range from a few hundred dollars to several thousand dollars, depending on the landlord and the type of pet.

Can Landlords Charge a Pet Deposit for an ESA?

Yes, landlords are allowed to charge a pet deposit for an ESA. However, the FHA limits the amount that landlords can charge for a pet deposit. The FHA states that landlords can only charge a pet deposit that is equal to the amount of damage that the ESA is likely to cause.

How Much Can Landlords Charge for a Pet Deposit for an ESA?

The amount that landlords can charge for a pet deposit for an ESA is based on the following factors:

  • The size of the ESA
  • The type of ESA
  • The length of time that the ESA will be living in the property
  • The landlord's experience with ESAs

In general, landlords can charge a pet deposit of up to two months' rent for an ESA. However, landlords may charge a higher deposit if the ESA is large, aggressive, or has a history of causing damage.

What if I Can't Afford a Pet Deposit for My ESA?

If you cannot afford to pay a pet deposit for your ESA, you may be able to negotiate with your landlord. You may be able to get your landlord to agree to a lower deposit or to pay the deposit in installments. You may also be able to find a landlord who does not charge a pet deposit for ESAs.

Conclusion

Landlords are allowed to charge a pet deposit for an ESA. However, the FHA limits the amount that landlords can charge for a pet deposit. The amount that landlords can charge is based on the size of the ESA, the type of ESA, the length of time that the ESA will be living in the property, and the landlord's experience with ESAs. If you cannot afford to pay a pet deposit for your ESA, you may be able to negotiate with your landlord or find a landlord who does not charge a pet deposit for ESAs.