When it comes to renting a home with an emotional support animal (ESA), the first question on many people’s minds is cost. Specifically, will there be an additional fee charged in the form of a pet deposit?
The quick answer is no – if you have a legitimate ESA letter, landlords will not be able to charge you a pet deposit for your emotional support animal. The Fair Housing Act does not recognize ESAs as pets. They are considered a disability accommodation, and therefore the normal pet deposit laws do not necessarily apply. This is particularly relevant since there have been some changes recently regarding ESA housing laws. Here’s how it works.
What Is a Pet Deposit, and How Is It Different from an ESA?
The pet deposit is one-time money that a landlord receives before renting out a property, which is intended to protect against any damages that the pet may cause to the rental during the term of tenancy. It should not be confused with the regular pet rent, which is a recurring fee, and the one-time pet fee.
The FHA creates a legal difference between pets and assistance animals, including emotional support animals (ESAs). An ESA is a special animal, trained to alleviate the symptoms of an individual’s mental health condition like depression, PTSD, or anxiety. As ESAs provide help with the management of the disability, the one-time fee for the family’s pet goldendoodle does not have to be applicable to a tenant’s ESA.
The Legal Basis: Why Landlords Can’t Ask for an ESA Deposit
In terms of the Fair Housing Act, it is necessary to provide “reasonable accommodations” for persons with disabilities. In many cases, the examples of reasonable accommodations may include waiving deposits, fees, and no-pet policies for a legitimate emotional support animal. The idea here is quite obvious, as a penalty charged to the person for the disability would be against the legislation – as it would not be right to charge extra for a wheelchair ramp or grab bars.
For several years (as of the 2013 and 2020 HUD notices), the idea was quite clear: it was forbidden to impose a deposit, fee, or surcharge for a documented assistance animal (in particular for ESAs). Many of the state civil rights agencies follow this rule. As an example, the state of California still prohibits imposing such fees and deposits since it is forbidden to impose pet deposits, pet rent, and any additional fees as a result of ESAs. The same applies to the state of Minnesota, where landlords should not impose deposits or pet fees for emotional support animals.
Important 2026 Update: What’s Changed at the Federal Level
That is what any prospective renter needs to know before assuming “no deposit, ever” applies automatically. In 2025, HUD rescinded both 2013 and 2020 guidance regarding ESAs, and in May 2026, it issued an enforcement memo that restricted enforcement priority from covering ESAs to trained service animals. This came after a federal court decision, Henderson v. Five Properties LLC, where it was ruled that a landlord is not automatically obligated to waive a fee in case a tenant had an ESA – that the waiver would be necessary for the tenant.
The implications of that include:
- HUD is less inclined to prosecute a federal complaint if a landlord asks for a fee/deposit from an ESA owner.
- There have been no changes made to the statute of the underlying Fair Housing Act at the Congressional level – only HUD’s position has been altered.
- A tenant can take a private action in either state or federal court if a deposit has been charged inappropriately.
- Now, states are carrying the burden. States such as California, New York, Minnesota, and Illinois keep their own independent civil rights laws unaffected by any federal change in enforcement policy.
So while the basic law, “No pet deposit for an ESA,” is still true in most states and is still the best possible legal standing, it cannot be guaranteed through aggressive federal enforcement everywhere anymore. This is precisely why your documentation is so important.
What Landlords CAN Still Charge For
Even with an ESA, however, landlords are not left helpless:
- Damage done by ESA. When ESA causes damage to the premises such as chewed baseboards, stained carpet, and scratches on the floor, landlords have the right to charge you for the repairs made, and this money comes from the usual security deposit, as they do for all the other tenants.
- Your usual security deposit. The waiver refers only to extra deposit and fees required because of ESA and not the usual security deposit required of all tenants.
- Renter’s insurance. In some cases, landlords may ask tenants to provide insurance covering animal-caused damage.
Why Your ESA Letter Is the Key to Avoiding the Deposit
However, landlords do not need to simply take your word on the matter. It is only a letter from a licensed doctor stating your disability that will waive the deposit. Without this letter, landlords are perfectly justified in treating your pet as a regular pet and therefore charge you a deposit or pet rent.
A legitimate ESA letter should:
- Come from a licensed provider (therapist, psychiatrist, physician, or licensed social worker) who has actually evaluated you
- Confirm you have a disability under the FHA’s definition
- State that the animal provides a therapeutic benefit related to that disability
- Be current, not years out of date
HUD has made it clear that “registration” certificates, ID cards, and vests do not hold any legal value and should not be seen as alternatives to an actual letter because they are often the main cause of why many landlords deny their applications.
This is where ESA Clinic comes into play and simplifies the whole process for you. ESA Clinic provides you with a professional evaluation from licensed medical professionals and provides you with a letter that meets the required documentation standards according to HUD – this is exactly what landlords and courts need to see. The best way to prevent any disputes on the matter is to get a genuine letter from ESA Clinic before submitting an application.
Steps to Take If a Landlord Still Asks for a Deposit
- Provide the landlord with your ESA letter in writing, along with your request for accommodation.
- Refer to your state law, if any, since many states specifically do not allow ESA deposits in light of the changes at the federal level.
- Request in writing that the landlord put their rejection or the amount of the requested fee into writing with an explanation as to why.
- Offer another solution, like renter’s insurance, if your landlord is actually worried about damages being done.
Final Thoughts
In general, and particularly in states where there are good provisions for civil rights, you shouldn’t need to pay an ESA deposit, assuming that you have an appropriate ESA letter. Federal regulation has become less strict in 2026, so it is now more essential than ever to have proper documentation, because your ESA letter will be what grants you all your protections under the Fair Housing Act and any applicable state laws. The easiest thing to do is to get a properly issued letter from ESA Clinic.
Frequently Asked Questions
1. Do I have to pay a pet deposit if I have an ESA letter?
In most cases, no. A valid ESA letter from a licensed professional shows your animal is a disability accommodation, not a pet, which generally waives standard pet deposits under the Fair Housing Act and many state laws.
2. What if I don’t have an ESA letter yet?
Without documentation, a landlord can legally treat your animal as an ordinary pet and charge the standard deposit, fees, or rent. Getting a letter before you apply is the best way to avoid this.
3. Can a landlord still charge me for damage my ESA causes?
Yes. Waiving the pet deposit doesn’t waive liability for actual damage – landlords can bill for documented repairs from your normal security deposit, just as with any tenant.
4. Does this rule apply in every state?
Yes, with exceptions – federal enforcement has been tightened since 2026 when HUD issued new guidance, but now there is more variation according to states – for instance, in California, New York, and Minnesota, ESAs are expressly prohibited from deposit requirements.
5. Will an online ESA certificate or registration work instead of a letter?
No, according to HUD guidelines, online certificates do not have any legal authority. For landlords and courts, it is important that there was an evaluation done by a licensed healthcare provider, and not just an online certificate.
6. How quickly can I get a legitimate ESA letter?
Through a licensed provider network like ESA Clinic, evaluations and letters can typically be completed in a matter of days, giving you documentation before you submit a rental application.
