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Can Landlords Charge an ESA Pet Deposit?
Whether a landlord can charge a pet deposit for an ESA now depends on your state. HUD guidance said landlords could not charge one until May 2026, HUD then rescinded that guidance.
Four states still ban ESA pet deposits under their own laws. A 2025 federal ruling also made waivers harder to win in other places.
An ESA letter from RealESALetter.com gives your landlord the clinical documentation a pet deposit waiver request needs.
Key Takeaways
Your State Decides Now: HUD rescinded its ESA pet fee guidance in May 2026. State law now settles most deposit disputes.
Four States Still Ban ESA Deposits: California and Florida. Virginia and Minnesota.
Waivers Must Pass Two Tests: The waiver must be necessary for your disability. It must also be reasonable.
You Still Owe Two Charges: The standard security deposit. The cost of damage beyond normal wear and tear.
Ask in Writing First: A written request with your ESA letter. Sent before you sign the lease.
What Changed for ESA Pet Deposits in May 2026?
HUD stopped enforcing pet deposit waivers for untrained ESAs in May 2026.
Before that change HUD treated ESAs as assistance animals. A tenant with an ESA letter from a licensed healthcare professional could ask a landlord to waive the pet deposit. HUD would investigate if the landlord refused.
Before May 2026 | Since May 2026 | |
HUD's view of ESAs | Assistance animals and not pets | Covered only if individually trained |
Pet deposit waivers | Landlords were told not to charge ESA owners | HUD no longer expects automatic waivers |
HUD enforcement | HUD took ESA fee complaints | HUD finds violations only for trained animals |
HUD's Office of Fair Housing and Equal Opportunity made the change in a new enforcement memo on animal accommodations. The memo permanently rescinded notices FHEO-2013-01 and FHEO-2020-01. Those notices were the source of the old no-deposit rule.
Three things did not change:
- The Fair Housing Act. Congress did not amend the law.
- State fair housing laws. State agencies are not bound by the HUD memo.
- Your right to sue. Private lawsuits under the Fair Housing Act are still available.
The memo affects more than deposits. Our guide to HUD's 2026 ESA policy changes explains the full memo.
Which States Still Ban Pet Deposits for ESAs?
Four states still ban pet deposits for ESAs under their own laws.
These states are California and Florida plus Virginia and Minnesota. HUD's memo does not change any of them.
State | Law | What it bans | What you still pay for |
California | Cal. Code Regs. tit. 2 § 12185 | Pet fees and extra rent. Extra security deposits and liability insurance. | Damage beyond ordinary wear and tear |
Florida | Fla. Stat. § 760.27 | Any extra payment for an ESA | Damage your ESA causes |
Virginia | Va. Code § 36-96.3:1 | Pet fees and pet deposits. Additional rent. | Physical damage on the same terms as pet owners |
Minnesota | Minn. Stat. § 504B.113 | Any added fee or charge or deposit | Damage your support animal causes |
Minnesota adds one more rule. A landlord with a pet fee policy must disclose the ESA fee ban in the lease.
Other states may protect ESA owners in other ways. Check with your state fair housing agency before you pay a deposit.
Every RealESALetter.com letter lists the clinician's state license number and confirms the disability-related need for the animal. That is the documentation Minnesota Statute § 504B.113 lets a landlord request before granting an accommodation.
Can a Landlord Refuse to Waive an ESA Pet Deposit?
A landlord can refuse unless the waiver is necessary and reasonable for your disability.
This test comes from the Fair Housing Act. The four state laws above still ban the deposit outright.
The Henderson Ruling
A federal court let a Louisiana landlord keep a $400 ESA animal fee in July 2025.
The case is Henderson v. Five Properties. The landlord allowed the tenant's dog. It refused to waive a nonrefundable $400 animal fee. It also offered the tenant a payment plan.
Judge Sarah Vance ruled that the tenant had to prove two things. The waiver had to be necessary. It also had to be reasonable. The court found HUD's old no-fee notice unpersuasive. HUD later attached this ruling to its 2026 memo.
What Courts Weigh
Courts weigh five factors to decide if a fee waiver is reasonable.
- The amount of the fee
- How the fee compares to total housing cost
- How many other tenants pay it
- How much the fee matters to the landlord's revenue
- How much the waiver matters to the tenant
What the Ruling Does Not Decide
The ruling did not decide a refundable pet deposit.
- It involved a nonrefundable fee.
- It is one district court decision. It is not binding precedent across other courts.
- It does not override state laws that ban ESA deposits.
What Can a Landlord Charge Instead of an ESA Pet Deposit?
A landlord can charge the standard security deposit and bill you for real damage.
Pet Deposit vs Security Deposit
A pet deposit covers animal damage only. A security deposit covers any damage a tenant causes.
Charge | What it covers | Refundable | Applies to an ESA owner |
Pet deposit | Damage from an animal | Usually yes | Banned in four states. Decided case by case elsewhere. |
Security deposit | Damage from any tenant | Yes | Yes. It must match what other tenants pay. |
A pet fee is different. It is a one-time charge that you do not get back. Pet rent is a monthly charge. Our guide to pet rent for an ESA covers monthly charges.
Allowed Charges
Three charges are allowed for ESA owners in every state.
- The standard security deposit. It must be the same amount other tenants pay.
- Repair costs. A landlord can charge for damage beyond normal wear and tear. These costs are usually deducted at move-out.
- A deposit for a second animal. A landlord can charge a pet deposit for a pet that is not an ESA.
Deposits Under Another Name
A renamed charge is still a deposit.
- A "damage deposit" or "ESA deposit"
- A security deposit raised because of your ESA
California's rule bans extra security deposits by name. In all four ban states these renamed charges are not allowed.
How Do You Ask a Landlord to Waive an ESA Pet Deposit?
Send a written reasonable accommodation request with your ESA letter before you sign the lease.
Follow these five steps in order.
Step 1: Get an ESA Letter
Your request starts with an ESA letter from a licensed mental health professional. The clinician evaluates your disability-related need for the animal. The letter documents that need for your landlord.
Step 2: Write the Accommodation Request
Put your request in writing and ask for the pet deposit waiver by name. State that you need the ESA for a disability-related reason. Attach your ESA letter. Email works and gives you a dated record.
Step 3: Cite Your State Law
Name your state law if you rent in one of the four ban states. These laws ban ESA pet deposits outright. Point your landlord to the statute in the state table above.
Step 4: Check the Lease Addendum
Do not sign a lease addendum that lists pet charges for your ESA. Ask the landlord to remove the charge first. Get the corrected addendum in writing.
Step 5: Keep Records
Save every message and take photos at the move-in inspection. These records prove what you asked for and when. They also protect your security deposit at move-out.
A clear written request also gives you proof if a dispute starts later. Our walkthrough of the ESA accommodation request process shows how to write and send it.
Can You Get an ESA Pet Deposit Refunded?
You can ask for a refund in writing and escalate if the landlord refuses.
Attach your ESA letter to the refund request. Ask for the money back by a set date. Keep a copy of what you send.
If Your Pet Became an ESA Mid-Lease
In Virginia you may get pet fees back from the date your disability was documented.
Virginia REALTORS legal guidance supports this. Your records must show the disability and the need for the animal at that time. Other states have no clear rule. Requesting the waiver early avoids this problem. Read more about getting an ESA after you move in and how landlords handle it.
Where to Escalate
Escalate in this order if the landlord will not refund you.
- Your state fair housing agency. This works best in the four ban states.
- A HUD complaint. File within one year. HUD no longer pursues untrained ESA cases.
- A Fair Housing Act lawsuit. File within two years.
- Small claims court. Use it to recover the deposit amount.
Can Public Housing Charge a Pet Deposit for an ESA?
Public housing agencies cannot apply their pet deposit rules to an animal needed as a disability accommodation.
Your protection depends on the type of housing you rent.
Public Housing
Federal rule 24 CFR § 960.705 keeps public housing pet deposits off assistance and support animals. Public housing pet policies include the pet deposit. Agencies cannot apply those policies to an animal needed as a reasonable accommodation. The animal must still be necessary for your disability.
Federally Funded Housing
HUD's 2026 memo does not cover Section 504 claims. Section 504 applies to housing that receives federal funds. The memo covers only Fair Housing Act complaints.
Section 8 Voucher Rentals
A private landlord who accepts Section 8 vouchers is not covered by Section 504. Voucher tenants rely on the Fair Housing Act and state law. The four state bans above still protect them.
Conclusion
Your state now decides whether a landlord can charge a pet deposit for an ESA. Four states still ban it outright. Everywhere else a waiver rests on clinical proof of your need. Start your ESA evaluation to get that documentation before you send your request.
Frequently Asked Questions
Can a landlord charge a pet deposit for two ESAs?
A landlord can ask you to document the need for each ESA before waiving any deposit. Each animal needs its own documented need. Florida law lets landlords ask about each animal separately. Our guide on how many ESAs you can have covers multiple animals.
Do all landlords have to follow ESA pet deposit rules?
No. Some small landlords are exempt from the Fair Housing Act. This includes owner-occupied buildings with four units or fewer. It also includes some single-family homes rented by the owner without a broker. State law may still apply to these landlords.
Is an ESA registration enough to avoid a pet deposit?
No. A registration or certificate is not clinical documentation. Florida law says a registration alone does not prove your need for the animal. A landlord can ask for a letter from a licensed mental health professional.
Should I tell my landlord about my ESA before I sign the lease?
Yes. Asking before you sign is the simplest way to keep pet charges out of your lease. No law sets a deadline for an ESA request. An early request still saves you from a refund fight later.
Dr. Avery Langston is a health and wellness writer with 12+ years of experience covering ESA rights, housing laws, and mental health. As a senior contributor for RealESALetter, she helps readers understand ESA regulations and legal protections.
Darren Rafel is a licensed clinical social worker with active LCSW licenses across 13 states, including California, New Jersey, Texas, Florida, and Arkansas. He conducts ESA evaluations with direct clinical experience using pet therapy as part of mental health treatment.
Don't worry. Your pet stays with you.
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- 2A licensed therapist reviews your case
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