42 thoughts on “Can a landlord charge an extra pet deposit to a tenant with a service animal, guide dog, or emotional support companion animal?”

1. While the renting tenant is not charged a fee for a service animal what applies to an annual fee in a high rise condo building that surcharges $35.00 annually to have a pet. I am charged this amount and I own my condo. thanks!

   • An HOA (homeowners association) cannot discriminate either; same as between a landlord and tenant

   • Just to clarify, if I charge a pet deposit in addition security deposit to all tenants, can I charge the same pet deposit for service animals?

2. Our new tenant declared ONE WEEK after moving in that she needs a cat as an emotional support animal. Please be sure to tell your supporters to be honest with prospective landlords before signing a lease. Having your supporters deceive landlords will not help your “cause.”

   • Sadly, many disabled tenants have encountered discrimination by landlords during the application process. Sometimes a landlord will improperly and illegally consider the presence of an assistance animal as a negative factor and will deny the disabled tenant housing, even though that landlord would have otherwise rented to that tenant. Some tenants will not include information about their service animal or emotional support animal in their application in order to avoid this type of illegal discrimination. Since legally the animal’s presence should not be a factor in the landlord’s decision to rent, does it make a difference in a practical sense if the landlord knows about the assistance animal before or after the lease is signed? It shouldn’t. Also, sometimes a disabled owner does not have an assistance animal at the time of signing the lease, but obtains one at a later date. In either case, the timing should have no relevance to the landlord, since the animal is not a factor that the landlord can consider when selecting a tenant. Anti-discrimination laws prevent the landlord from using a disability as a factor in the tenant selection process.

   • Also you didn’t answer my question about being able to collect a deposit for the damage pets cause.

   • Our new tenant is anything but disabled. She drives a new car and is in a graduate art therapy program. You mean to tell me she obtained this animal FIVE DAYS after signing a lease and moving in? Nice try.

   • Your comment is BEYOND offensive… just FYI, being disabled does not mean you cannot drive a nice car or be in graduate school. WHat does your comment even mean??? Ridiculous. Attitudes like yours are why we need strong anti-discrimination laws and why disability rights need to be protected from people like you who stereotype. Disgusted. Glad your tenant knew better than to let you know about her disability during the move-in process so you couldn’t discriminate against her.

   • I didn’t check the box for followup emails, so knock yourselves out with insults. Thanks for the lack of information I was seeking.

   • People like you are disgusting. She drives a new car and is in school so she doesn’t have a disability or emotional distress? Give me a break. Your ancestors probably also supported Jim Crow Laws back in the day. You need to take part in some community diversity classes; pay particularly close attention to the inclusion/seclusion section 🙂

   • Our “cause” is the right to NOT be discriminated against. It is not deceitful to later declare a need for a service animal. She did not need to declare it at all. And judging by your attitude, it seems readily apparent that you WOULD HAVE ILLEGALLY DISCRIMINATED AGAINST THIS TENANT.

     Here’s an answer to your question: YOU CANNOT REQUIRE ANY ADDITIONAL FEES, RENT OR DEPOSIT FOR A SERVICE ANIMAL. And it is NOT a pet, it is a SERVICE ANIMAL. The tenant is still responsible for any damage caused to the property (just like everybody else) whether the damage was caused by the service animal, carelessness, or anything else. You cannot, however, charge any extra cleaning fees, such as fumigation, special shampooing, de-fleaing, etc because of the service animal. As a landlord, if you want to do those things it’s on your dime. It is normal wear and tear. It is not up to the disabled tenant to educate an ignorant landlord. Take a look at the Americans with Disabilities website regarding service animals: http://www.ada.gov/service_animals_2010.htm

     Tread lightly or be prepared for a discrimination lawsuit.

   • No, you cannot. Even if you allow pets with a deposit normally, you may not charge a pet fee for a service dog or emotional support animal. It is not legally a pet, which is an optional luxury.. It is a non-optional medical requirement that only a very selfish person would even think of trying to charge a fee for.

     Also, we do not need your help with our “cause” The law does that. What we need from you is for you to obey the law. Perhaps YOU should tell other landlords to not discriminate. Whining that you somehow were treated dishonestly because you weren’t given advance opportunity to discriminate based on a medical requirement is not going to help YOUR cause, in a forum mostly populated by disabled people.

3. Why don’t we let all of your skeletons out of the closet right here for all the world to read? Ok…go!!!!!

   No?

   I thought so. Let your tenant and whatever issues she is dealing be. You are not the judge.

   • Hi, Gosh. Give me a minute. This was posted a little over two hours ago. Some people have to work for a living. No, I’m not the judge: I’m the person who cleans up after the tenant has let her animal have its way with my property.

     The sneaky way she went about:

     1. answering an ad that clearly stated “No Pets”;
     2. then signing a lease that stipulated “No Pets”;
     3. and then informing us a few days after moving in that she was moving a cat in –

     has not won your cause any support. I’ve warned any property owner I know about this scam. Which is what it is is. I also have a list of half a dozen apartment complexes within a mile radius that accepts pets. Of course, you have to declare them first and put down an extra deposit to pay for the inevitable damage any pet causes. Sure, it’s legal. It’s also dishonest.

     I am BEYOND DISGUSTED with your movement/cause/scam.

4. Oh-the young woman could not find a therapist or doctor to sign off on her need for an emotional support animal. I also found laws that say rental units with four or fewer units with one occupied by the landlord are exempt from allowing ESAs.

   That said, I would wholeheartedly welcome a genuine service dog.

   • Your a sad woman

   • I bet your a racist too

   • This ignorant lady is dumb as a box of rocks. Read the ADA of 1990. I hope this lady sues you for what little trash you have.

5. I have an assistance dog for my disability. It is against the law to discriminate against disability and the animal needed for the disability. If the animal causes damage you are entitled to your repairs if legitimate. You cannot charge a pet deposit or not allow the animal. Disabilities come in all shapes and kinds. They do not prevent people from owning nice cars, furniture, or whatever. The animal, which by the way can include a miniature horse (be glad you didn’t have that.) helps disabled people in their normal lives to live normally. If your tenant said she needed a seeing eye dog and is driving a car herself then you do have a problem but if she owns a car and has a driver then she is disabled. In my case my dog has never caused any damage and have always gotten my deposit back.

   You seem to have the problem as you want to charge a non-refundable pet deposit and charge for “damage” that was not done to make more money. And you talk of scammers. You would lose any court case you file in trying to prevent an actual service animal a fee or not renting to the disabled person. I hope you never need an animal for help but it would be interesting to see your mind change. Ken Spector

   • “You seem to have the problem as you want to charge a non-refundable pet deposit and charge for “damage” that was not done to make more money.”

     Nope. Where did I say any part of this? I’ve always returned as much of of any deposit I’ve collected as is feasible. I’ve also ended up paying beyond what pet deposits cover to tear out carpet and padding ruined by people’s pets.

     If you had read my last posting, you would see that the young woman was not able to obtain a letter certifying her disability, so there will be no cat living here.

     I also stated I would welcome wholeheartedly a service dog. there are people scamming landlords and leaving messes and destruction behind them in your movement or cause just as they are people who genuinely need service animals.

     If it makes you feel better to strike out at landlords, go ahead. Please know that we are the people who pay property taxes that support the infrastructure everyone enjoys.

   • hi , i moved in to a apt private land lord when i moved in said NO animals at all . well its been 3 months liven at my apt and my ptsd is still given me bad dreams were i wake up in a panic i have panic attacks stress disorder , bipolar, and dipresstion . if i get a doc note witch i am , can she say no because shes a private land lord ?????

6. Again, like those above. a SERVICE DOG, or animal can be used for assistance or emotional assistance. It is a proven psychological fact. A suicidal person will actual be less likely to try suicide again with the companionship an animal gives. Because of unconditional love and care our pets give. These animals help rehabilitate people from all walks of life.
   If you think a person is faking a disability. As a landlord you have the right to ask for a medical, or psychologists letter stating the person is disabled. Once you get your proof. You can then be quiet.

   • Yes, thank you again for another reply presenting information I already have. As previously stated, the young woman in question has not presented a letter from a psychologist or other medical professional, so THERE WILL BE NO CAT moving in.

     I have unsubscribed from this thread yet these comments keep showing up in my email.

     Maybe you all can be quiet.

   • FIRST AND FOREMOST IGNORANT, a Dr. note is not required. Under the ADA 1990 the tenant does NOT have to provide you with any service dog tags. This lady is a joke i hope the tenant sued your dollar store panty hose off.

7. Having been on both sides of this discussion I can understand the property manager’s frustration with a deceitful tenant. However, it is the discrimination we experience due to our disabilities that force some of us to hide our service animal until after move in. My dog’s love and company have helped me to control my suicidal tendencies. These landlords should look at how expensive it is to rehab a unit where someone has committed suicide compared to new carpet. These people who want to deny us equal access to housing and every day activities act like we are criminals just because we have disabilities. I could have chosen to adopt a pot bellied pig instead of a Dachshund and I would have been protected by law. This is all about reasonable accommodation to allow us as normal a life as possible. If we are responsible in our care for our companion/service animal then there is usually no problem about repairs. Another bonus for landlords is because we can’t be required to pay the pet deposit they can Bill us for all the reasonable repairs for damage caused by our animal. Sadly, it is the people who falsely claim the need for a service/companion animal and irresponsible owners who don’t take their pets out that have made it so difficult for those of us w genuine needs. Thank you for your advocacy and the information you provide.

8. I find it so disgusting how you are trying down play someone’s disability. WHETHER EMOTIONAL OR OTHERWISE this is no scam. PEOPLE BENEFIT FROM ESA’S, and the way you are trying to con this woman and descriminate against her just proves that most landlords are more like slumlords scratching the money out of everyones pockets. Stop being so incredible ignorant!

   • There are plenty of people who lie about needing a therapy pet just to get out of a pet deposit. Many of you went way overboard on jumping on this woman, she was merely asking questions. And be honest, you know very well, that a good amount of people are not truly disabled, physically or mentally that use that excuse to get out of a pet deposit. Our complex accepts animals, but I have an issue with being exempt from paying a pet deposit. Everyone feels they should be billed, but you know 9 times out of 10, landlords never see the reimbursements of the damages caused by these pets. And again, we have had many tenants whose pets didn’t do any damages at all. So you should not be so incredibly ignorant. :–)

9. I am disabled and I fully understand this landlords issue. Maybe she shouldn’t have mentioned the nice car and how successful the tenant is, but the tenant has NO prescription for this animal! I am disabled and I’m currently looking for a new place. I’ll be honest, I’m not going to say I have a pet because I will be turned down (on some other grounds) for my service dog. After I’m in I will have to produce a doctors note and I can already see in the property managers paperwork that they are going to want an additional 500.00 for my service dog. It’s written in black and white though it sounds illegal. I don’t think we should be so harsh on this landlord who clearly stated her tenant had NO doctors note or prescription. I’m grateful for all the legalities written here, but this landlord was very clear……

   • I just found out my disabled son was forced to pay an $800 pet deposit!! I am so pissed!! This is a scum lord who has never fixed a thing, he moved in with a spider INFESTATION and now she wants to show the apartment / cottage in the last month he lives there and he fears he won’t get deposits back because he has a dog that will not allow strangers on the property.. So if he locks him up he will tear at the door etc.
     My son suffers from severe PTSD and Social Anxiety and prior to his renting he has had a prescription for the animal and gave it to the landlord but was being illegally denied affordable ( cough $1100 for a 600 sq foot cottage) housing at every turn and was going to be homeless so just blindly obeyed!
     I have personally been looking for rentals for over 3 months for me. I have contacted over 300 ads for housing and everything has been fine until I am asked about pets. I say I have a service animal with prescription. and they never got back to me.
     So finally found a nice person and a home that I cannot really afford but have this choice or homelessness and he is demanding a $300 deposit on my prescribed service animal of 8 yrs and I am paying it!!!! I have no choice!!!!
     Now my son is out over a months worth of his disability for his prescribed animal of 7 yrs!!
     In so many conversations with these greedy landlords I have heard them whine about bad tenants. As they try to get four times their mortgage for their dumps. I often have to remind them of what bad landlords tenants have to deal with also that it goes both ways! And if you guys hate people so much that are not making you rich.. than sell your rentals. Seriously, if its such a burden don’t frickin’ do it!
     Now lets touch on the other discrimination going on also. The fact that property owners and management are demanding proof of three to four times rent as income! This is directly discriminating against the elderly and sick. But its just getting worse. I could not even apply for housing that I could afford due to these rules.
     Anyone?

10. I am sorry, but I have to stand up to some of the people here. I do not agree and wish the laws would change regarding “refundable pet deposits”. Too many people use the cry of “emotional” support cats, so they don’t have to pay a deposit.

    I understand a truly disabled person needing a companion animal. But like our complex, for those who don’t need a therapy pet, we are willing to break up that pet deposit to help people out. Too many people cry therapy pet, give me a break. Most people do NOT need a “therapy” pet and we all know it. Those who abuse the policy shame on you.

    It does ruin it for those who truly need a companion pet for anxiety or other emotional supports, but why should they not pay a pet deposit???????? If there are no damages, they would get it all back. The companion or therapy animals are not exempt to doing damages, they aren’t special in that form. People who have any pet, unless it is a “certified” trained and the key word is “trained” animal, should have to pay a pet deposit. It’s ridiculous to say everyone needs a therapy pet, and we all know people abuse the system just to avoid paying a pet deposit.

    I think those of you who attacked the other woman, are not looking at this from a landlords view. Sure, we can charge that tenant for damages, but how often do we get the money from them? Most of the times we don’t. So if someone had to pay a pet deposit that was “refundable” why worry about it if your sure your pet won’t do damages? You would get it back. I know of a few of my tenants who have exaggerated the truth on needing a “therapy” pet just to get out of paying the pet deposit.

    I understand many landlords discriminate, but many of us don’t, and that one woman had a valid complaint, the woman lied on her application, point blank. There was dishonesty on the tenants part to the point where she couldn’t get a doctor to sign a statement. You guys have no right to bash her for asking questions.

    • I do understand your point, people who abuse the “therapy animal” title do make it worse for those of us who really need one. But to say that it is no big deal to come up with an extra deposit for my therapy animal is dead wrong. I’m a person with a disability–physical–and it means that I lost 10 years of my career path while I was recovering from repeated brain and spinal surgeries. I will always have chronic pain and the years of being house-bound while I was in severe pain and unable to walk more than a few steps meant I became severely depressed and isolated. I adopted a dog at the recommendation of my psychologist who was concerned about my suicidal thoughts at the time–she thought I’d be less likely to commit suicide if I was responsible to another living being, and I can tell you it’s true. More than once I imagined what would happen to my dog if I died and she was left in the house alone, starving and scared, until someone found me, and it stopped me from fantasizing about killing myself. So I have a therapy/service dog, and I’m a renter. I also recovered my health enough after my last surgery to be able to return to work and buy a new car (not exactly a luxury car, but it IS new), so I’m sure some people look at me and say “hey, she doesn’t look so disabled!” That’s where that landlord’s comments offended me–disabilities shouldn’t mean you have to have an awful quality of life. But I still have chronic pain, neurological problems, and occasional seizures. And my dog’s presence in my life is still a huge part of how I stay healthy enough to go to work every day and pay MY taxes and contribute to society in a positive way.

      So back to the issue of the pet deposit. Yes, I suppose I could pay that extra $300-$500 at the time of move-in. However, like any renter, I’m already having to come up with the regular deposit of $1000 and the first month’s rent, and also pay rent to my old place for a few weeks while I move my belongings and give my old place a thorough cleaning, and hire movers because I can’t lift more than 10 pounds. And as I mentioned, I was out of the work force for 10 years during the acute phase of my illness, so my rate of pay is significantly lower than it would be for a typical person my age with my education. And I don’t have a big balance in my savings account because, like I mentioned, I was out of work for a decade and spent all my savings on my surgeries and other medical expenses. So it’s a pretty big burden for me to have to come up with an extra $500 for a pet deposit. More than it might be for a non-disabled 40-something with a master’s degree and a solid job.

      Having said that, I am also a huge believer in honesty. Landlords get screwed over all the time and I can see why they are wary. To build a trusting relationship with my future landlord, I try to be as transparent as possible when I apply for housing. I explain about my therapy dog (size breed and temperament), I provide a letter from my doctor and offer his phone number for follow up questions, and I show them proof that I have made the effort to make sure my dog is well behaved by taking/passing the Canine Good Citizen test. I provide phone numbers to my former landlords who will all say that I took great care of their property and my dog did not leave a mess. If a landlord is going to discriminate against me with all that, then I really wouldn’t want to rent a property from them in the first place–they are probably horrible people that I wouldn’t want in my life anyway.

      OK that was a long post. Sorry, I guess I have strong opinions about this topic! 😀

11. Does a tenant have the right to have a cat and a dog as support animals in an otherwise no pet apartment?

12. I don’t think anyone is being discriminated against. Most landlord don’t mind a service dog. We do mind people whoever they are being sneaky instead of up front. I am a landlord and it really pisses me off when people sneak there dog in and think we aren’t going to here the dog bark. They move out and your property is pissed on, furniture torn up, neighbors are bothered. Tenants think this is ok. Service dogs are very well train animals, cats are not and they do a great deal of damage. I have cleaned up, fixed up my over and over again until I am sick and tired of being a landlord just because people lie to you. I have a mother in law quarters I rent but I am not renting anymore. All I never asked for was for people to be honest.

13. Wow, how many times do they have to spell it out, dishonestly about having the service animal means nothing. Diaabled people are constantly discriminated against, and NO again NO it doesnt matter whether you tell them or not, have a note from a Dr, or not, or even if you have just a regular dog, you can not in CA charge any non refundable deposits at all and no you can not charge an extra deposit for a pet. You can say no pets and if they have a service animal, its NOT a pet, do you get that or not, simple english.

14. whom do i turn in a land lord to for refusing my wife and i and telling us he would charge us $300.00 if we pushed for moving in after telling him about the law. others tell us no way no pets… even after telling them no they are service dogs.

15. This lady has the maturity of a 5 year old.. I just went through this bs with my old landlord when i told her before I moved in that I had a service animal and I gave her the papers on her. This government should make it a law that all “business owners” be watched for a specific amount of time to make sure they’re not ignorant selfish people. The BBB will sure be hearing about this lady.

16. Coerced to pay $500 “pet” deposit for SD placement for disabled child.
    Can I request a refund?!
    History:
    In 2013 my child’s doctor wrote medical necessity letter for us to obtain seizure response SD. I spoke to my LLs that day asking them to waive “no pet” policy for this specifically bred/trained, $13,000. SD for my daughter. Hit a brick wall!
    After showing LL laws prohibiting their “no pets” clause re: SDs, they angrily agreed to waive it. However, they demanded I agree to added lease terms; obtain prior permission for everything from receiving visitors to limiting overnight guests (incl my grand kids/family) to 2x/week or pay $40/day thereafter.
    They demanded I pay $500 “pet” deposit immediately. Insisted I agree to and pay for pro carpet cleaning 1x/yr due to SD. Insisted I limit SD to specific areas of my backyard b/c they don’t want him on the grass?!
    I paid/agreed to it all under threat of not getting the help of a SD my daughter desperately needs. We received him (Mack) in June, 2015. Since, LLs have been increasingly unreasonable, spiteful, added more and absurd restrictions to my lease disallowing visitors, limiting all guests (O/N guests cost $40/day over 2 days) and require I obtain their prior permission for all things.This increasingly hostile living environment is driving me crazy!
    Finally found a new house. NOW LLs inform me, in writing, they will not respond to any reference requests until or unless I provide personal info I feel strongly is NOT their business. My God, mean people suck!
    I know their behaviors are discriminatory, retaliatory and b/c they’re angry @ being forced to waive no pet clause.
    So, if anyone can help me, I sure could use a push in the right direction. Main concerns/questions:
    1) Can I request/demand the “pet” deposit be refunded to me?
    2) Can I show good cause to bring a discrimination suit against them for violating my privacy, disallowing guests, spying on me and infringing on my rights to a peaceful enjoyment of the home/property I rent?

    • Sorry, this is months after you posted but if still an issue (or for the future): The Wikipedia page on ESAs has a number of references to the specific laws governing ESAs/SDs and reasonable accommodations. In the section on pet fees, it references a federal case in CA that was actually over guest fees and parking fees charged to a disabled person because of home health care, which also looks like an issue you have. Basically, they can’t do it and federal law says so.

      https://en.wikipedia.org/wiki/Emotional_support_animal

      Perhaps taking them to small claims court for recovering fees may be quick and effective, not sure entirely. But there’s also this US Department of Justice website if you want to hit them harder:

      https://www.ada.gov/complaint/

    • They can’t enforce any added conditions… that alone is cause.. and I dare say there are probably other things you can sue for as well.

17. When I moved to my in 2013 to my new apartment my daughter’s SD had not completed his certification. So I paid the pet deposit. My daughter’s SD was certified in 2014 and she has a doctors note which I gave to the land lord in 2014. Can I get my deposit back now?

18. Hi all,
    If I have an emotional support dog and live in an apartment complex can my apartment manager force me to walk my dog outside of the complex even if I alway clean up after my dog? Her reasoning is that the dog urine will kill the grass and the gardeners are treating to charge more to care for the lawn in this complex that is pet free but I am not the only service / support dog owner in the complex is this ok? The other owners just do as she asks but I am a single female and sometimes I get of late yet she wants me to walk my support dog outside of the complex even in the evenings.

19. Can I request that she designate an area within the complex for my support dog, and where can I seek legal help here in California because the nasty emails I have received one of which was subject “Dog piss” has caused me a great deal of stress and anxiety. Any helpful information is welcomed
    FYI I was completely open and honest about having a support dog before I applied because I wanted to make sure she was OK with an animal in the complex so that I could avoid this unfair treatment.

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