Answer
Jun 05, 2026 - 03:28 PM
The general reason is that an approved emotional support animal/assistance animal is usually treated as a reasonable accommodation, not as a regular pet. Because of that, many landlords cannot charge normal pet rent, pet fees, or pet deposits just because the tenant has the animal.
That does not mean the tenant gets a “free pass.” The tenant can still be responsible for actual damage caused by the animal, nuisance issues, waste cleanup, noise problems, or health/safety violations, subject to applicable law and proper documentation.
This is also an area where the rules are changing and can vary a lot by federal law, state law, county, city, municipality, local fair housing rules, and court decisions.
Reminder: We are not attorneys and cannot provide legal advice. Before charging a fee, denying a request, or treating the animal as a lease violation, it is best to speak with a local landlord-tenant or fair housing attorney in your area. You can also ask a landlord-tenant attorney online here: https://american-apartment-owners-ass...
