No — charging a pet deposit, pet fee, or pet rent for an emotional support animal is illegal under the Fair Housing Act. ESAs are a disability accommodation, not pets. If your landlord has charged you these fees, you may be entitled to a full refund and additional damages.
No. Charging a pet deposit for an approved emotional support animal is illegal under the Fair Housing Act. This is one of the most common housing violations ESA owners face — and one of the most straightforward to fight back against.
The Fair Housing Act (42 U.S.C. § 3604(f)(3)(B)) requires landlords to make reasonable accommodations for tenants with disabilities. An emotional support animal is a form of reasonable accommodation. Once approved, the law prohibits landlords from imposing any fees, deposits, or conditions on the accommodation — including pet deposits.
The statute does not distinguish between refundable and non-refundable deposits. Both are prohibited. The law also prohibits:
— Monthly pet rent
— One-time pet fees
— Third-party pet screening fees (see our guide on pet screening fees for ESAs)
— "Verification" or "processing" fees
— Any other charge specifically tied to having the ESA
Many landlords don't know the law. Others know it and charge anyway, betting that tenants won't push back. Property management software like Yardi, AppFolio, and RealPage often defaults to requiring pet deposits as part of the lease workflow, and front-line property managers may not have the training to override the system for ESA accommodations.
The result: millions of tenants pay deposits they never legally owed.
There is one thing landlords can legitimately charge ESA owners for: actual, documented damage caused by the animal at the end of the tenancy. This is deducted from the standard security deposit, using the same standards that apply to all tenants. Normal wear and tear is not chargeable. A landlord cannot set aside a separate "ESA damage reserve" — they use the standard security deposit framework.
That's the only exception. If your ESA doesn't cause damage beyond normal wear and tear, you get your full security deposit back. Your landlord cannot charge you preemptively for hypothetical future damage.
Step 1: Document everything. Save your ESA letter, the date you submitted your accommodation request, your lease addendum or move-in documentation showing the pet deposit, and any receipts or payment records. If the deposit was collected through a third-party portal, preserve the transaction record.
Step 2: Send written objection. Email your landlord or property manager stating that the pet deposit violates 42 U.S.C. § 3604(f)(3)(B) because your ESA is an approved reasonable accommodation under the Fair Housing Act, not a pet. Request a full refund within 14 days.
Step 3: File a HUD complaint. If your landlord refuses, file online at hud.gov/fairhousing. Include your ESA approval, the deposit amount and date, and any written communications. HUD investigates and can compel refunds and impose civil penalties. The process is free and takes about 30 minutes. See our step-by-step guide: How to File a HUD Complaint.
Step 4: Consider a private lawsuit. Under 42 U.S.C. § 3613, you can sue within two years. Prevailing plaintiffs recover actual damages, compensatory damages, and attorneys' fees. Most fair housing attorneys work on contingency.
You have two years from the date of the violation to file a private FHA lawsuit. If you were charged a pet deposit months or years ago, don't wait. The clock runs from the date of the violation, not from when you learned it was illegal.
— Free complaint templates and refund demand letters
— Step-by-step HUD complaint guide
— State-by-state ESA housing rights
— Pet deposit vs. ESA accommodation: what's the difference?
Tenant Pet Rights publishes free legal information for renters with assistance animals. We are not a law firm and this is not legal advice. Consult a licensed attorney for advice specific to your situation.