Florida Tenant Pet Rights Guide

Your Rights as a Florida Tenant with a Pet

Florida is one of the most common battlegrounds for landlord-tenant pet disputes in the country. With millions of renters — and one of the fastest-growing rental markets in the US — Florida landlords have increasingly adopted third-party screening tools and fee-stacking practices that may exceed their legal authority, especially when emotional support animals are involved.

What Florida Law Actually Says

Florida's residential landlord-tenant law is governed primarily by Florida Statute Chapter 83. The statute does not set a specific maximum pet deposit amount — landlords can charge what they want for a pet deposit on conventional pets (dogs, cats, etc.). However, the statute does require that all deposits be returned within 15 to 60 days of lease termination, depending on whether deductions are made.

Critically, Florida law does not distinguish pet deposits as separate from security deposits for return purposes. If a landlord labels a charge a "pet fee" rather than a "pet deposit," they may claim it's non-refundable — but this should be specified clearly in your lease. Always review your lease to understand what is and isn't refundable.

Emotional Support Animals: Florida Landlords CANNOT Charge Fees

This is where Florida renters hold significant power. Under the federal Fair Housing Act (FHA) and HUD guidelines, emotional support animals (ESAs) and service animals are not classified as "pets." This means:

• Landlords cannot charge pet deposits for an ESA or service animal
• Landlords cannot charge monthly pet rent for an ESA
• Landlords cannot require PetScreening or similar paid screenings for ESAs
• Landlords can request documentation from a licensed mental health professional confirming your need for an ESA — but this documentation must be reasonable and is limited in scope
• Landlords cannot demand your specific diagnosis, medical records, or charge an application fee for ESA accommodation requests

Florida has seen increased HUD complaint activity related to ESA discrimination, particularly in South Florida (Miami-Dade, Broward, and Palm Beach counties) and the Tampa Bay area. Many cases involve landlords who use third-party pet screening platforms and charge ESA owners fees that violate FHA accommodation requirements.

The PetScreening Problem in Florida

Dozens of Florida property management companies — from large REITs to individual landlords — have integrated PetScreening and similar platforms into their application process. These platforms typically charge $15–$25 per pet application fee. When ESA owners are directed to these platforms and charged fees, this may constitute a violation of the Fair Housing Act's reasonable accommodation requirements.

If you were charged a fee to register your ESA through a third-party platform, you may have grounds for a HUD complaint. Document the charge, the platform involved, and any communication from your landlord regarding the requirement.

What Landlords CAN Legally Do in Florida

• Charge a pet deposit for conventional pets (amount is unregulated)
• Charge non-refundable pet fees if clearly stated in the lease
• Charge monthly "pet rent" for conventional pets
• Restrict certain breeds or pet sizes (for conventional pets, not ESAs)
• Require renter's insurance covering pet liability (reasonable request)

What Landlords CANNOT Do in Florida

• Charge pet fees, pet deposits, or pet rent for documented ESAs or service animals
• Require ESA owners to use a paid third-party screening service
• Deny housing to someone with a documented ESA in a no-pets building
• Retaliate against a tenant for filing a Fair Housing complaint (FL Statute 83.64)
• Withhold a pet deposit longer than the legally required return window without itemized written notice

Free HUD Complaint Letter Template

Copy and customize this template for your HUD complaint or direct communication with your landlord. Replace all [BRACKETED] placeholders with your actual information.