Texas Tenant Pet Rights Guide

Your Rights as a Texas Tenant with a Pet

Texas is a landlord-friendly state with relatively few restrictions on what landlords can charge — but the federal Fair Housing Act still applies everywhere in Texas, giving ESA owners powerful protections that many Texas landlords routinely ignore or actively circumvent.

Harris County (Houston) consistently records the highest volume of pet-related Fair Housing complaints in Texas, followed by Dallas County and Tarrant County (Fort Worth). The Dallas-Fort Worth metroplex has seen an explosion of institutional landlords adopting automated pet screening tools that may create Fair Housing liability when applied to ESA owners.

What Texas Law Actually Says

Texas landlord-tenant law is governed primarily by the Texas Property Code, Chapters 91–92. Texas does not cap the amount a landlord can charge for a pet deposit or pet fee for conventional pets. The state also allows landlords to charge non-refundable pet fees, provided this is clearly stated in writing in the lease agreement.

Texas law requires that security deposits (which may include pet deposits) be returned within 30 days of the tenant vacating the premises. The landlord must provide an itemized written list of any deductions. Failure to comply can result in the landlord forfeiting the right to withhold any amount and potentially being liable for $100 plus three times the withheld amount plus attorney fees.

Month-to-month tenants in Texas have fewer lease protections overall, but Fair Housing Act protections are identical regardless of lease type — an ESA owner on a month-to-month arrangement has the same right to fee-free accommodation as a tenant on a year lease.

ESA Protections in Texas: What Your Landlord Cannot Do

Under the federal Fair Housing Act, emotional support animals and service animals are not pets. This federal law overrides any Texas state law or lease provision. In Texas specifically:

• Landlords cannot charge pet deposits for documented ESAs — even in no-pets buildings
• Landlords cannot charge pet rent for an ESA
• Landlords cannot require ESA owners to use PetScreening, PetFax, or any paid third-party pet screening service
• Landlords can ask for written documentation from a licensed mental health professional or physician — but cannot demand your diagnosis, medical records, or prescription
• Landlords in Texas cannot deny housing to someone with a legitimate ESA, even in buildings with strict no-pet policies
• Texas landlords cannot retaliate against you for requesting an ESA accommodation (under both the FHA and TX Property Code § 92.331)

The Houston Problem: Institutional Landlords and Pet Screening

Houston's rental market is dominated by large apartment REITs and institutional property managers who have widely adopted automated pet screening platforms. These platforms require all tenants — including ESA owners — to register through a paid portal before a pet is approved.

When an ESA owner is directed to one of these platforms and charged a registration fee, this may constitute a Fair Housing violation. The key question is whether the landlord is treating the ESA registration as a standard pet screening process rather than a reasonable accommodation request. ESA accommodation requests must be handled separately, free of charge, through a direct landlord-tenant interaction — not through a for-profit screening service.

If you're in Houston, Dallas, San Antonio, or Austin and your landlord required a paid ESA screening, document it. You have a strong case.

What Landlords CAN Legally Do in Texas

• Charge any pet deposit amount for conventional pets (unregulated)
• Charge non-refundable pet fees if clearly stated in the lease
• Charge monthly "pet rent" for conventional pets
• Restrict pet breeds, sizes, or species in lease agreements
• Require proof of vaccinations for pets
• Include pet-related damage liability clauses in the lease

What Landlords CANNOT Do in Texas

• Charge any fees for documented ESAs or service animals
• Force ESA owners to use a paid third-party screening platform
• Deny housing to ESA owners in no-pets buildings
• Retaliate against tenants who assert Fair Housing rights (TX Property Code § 92.331)
• Withhold a deposit without an itemized statement within 30 days of move-out

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