Do Landlords Have to Accept Emotional Support Animals?

When you own an investment property, you want to make sure thatit remains in good condition so that it is profitable. For many landlords, this means forbidding or strictly limiting the ability of tenants to have pets. But what happens when a tenant wants to have an emotional support animal (ESA)?

Under both federal and Florida law, landlords have to accept emotional support animals provided that a tenant provides the appropriate documentation. Even if you have a no-pets policy in place, a tenant could still bring in an ESA because they are not considered pets. However, there are some exceptions to these laws, and a landlord may still be able to deny a prospective tenant’s application or evict a tenant for other reasons.

At Eaton Realty, our property management services include handling thorny subjects like emotional support animals. We give landlords peace of mind knowing that we understand the law and how to manage their properties without running afoul of it. Contact our office to learn more about how we can help you with your Hillsborough County rental properties.

Avoid Legal Pitfalls & Manage Your Property With Less Stress. Speak To An Experienced Hillsborough County Property Manager › 813-672-8022

What Is an Emotional Support Animal?

Under Florida law, an emotional support animal is an animal that does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support by virtue of its presence, which alleviates one or more identified symptoms or effects of a person’s disability.

An ESA can be almost any animal that gives its owner emotional support just by its presence. In fact, the Washington Post recently featured a man who has an alligator named WallyGator as his emotional support animal. An individual may have an emotional support chicken, snake, horse, or any other type of animal, although the most common ESAs are dogs and cats.

The key feature that distinguishes an ESA from a pet is that its owner has a disability, and the animal alleviates or assists with the disability in some way. The support that an ESA provides is fairly broadly defined. It could be something as simple as a person feeling less stressed when they pet or cuddle with their dog.

Emotional support animals are not specially trained, and they do not have to be certified. For an animal to be considered an ESA, a person just needs to get a letter from a medical or mental health provider that states that they have a disability and that the animal is necessary to help them cope with the disability. For example, a person with post-traumatic stress disorder (PTSD) may obtain a letter from their therapist that states that they require an ESA to cope with the symptoms of their PTSD.

What Is The Difference Between an ESA and a Service Animal?

It’s important to distinguish emotional support animals (ESAs) from service animals. Under the Americans with Disabilities Act (ADA), a service animal is typically a dog (or in rare cases, a miniature horse) that is individually trained to perform specific tasks for a person with a disability. These tasks can include guiding individuals who are blind, alerting those who are deaf, pulling a wheelchair, or detecting and responding to seizures.

Like service animals, ESAs are a type of assistance animal, but they are not trained to perform tasks. Their role is to provide emotional or psychological comfort through their presence. ESAs are not granted public access rights (e.g., to restaurants or stores), but they must be accommodated in housing under the Fair Housing Act.

What Should I Do If a Tenant Wants an Emotional Support Animal?

Both Florida law and the federal Fair Housing Act prohibit discrimination against people with disabilities. While a no-pets policy may not appear discriminatory on its face, if an individual with a disability requires an assistance animal, then refusing to make reasonable accommodations for that individual may be viewed as a form of discrimination.

Landlords Cannot Deny an Emotional Support Animal

For landlords, this means that you typically have to accept an ESA even if you have a no-pets policy in your leases. If the tenant has a disability and provides a letter from a licensed healthcare provider that states that their ESA alleviates symptoms of that disability, then you may be required to accept the ESA. 

Landlords Cannot Charge Additional Pet Deposits or Fees For ESAs

You may also have to waive a pet deposit as a reasonable accommodation. You cannot increase the rent on an existing tenant if they request an ESA.

A landlord is allowed to consider the administrative, financial, or other consequences of allowing an animal onto the premises. However, landlords will usually have a difficult time proving that a request for an ESA would be an undue burden.

Landlords Cannot Impose Breed Restrictions

Because any animal could technically be an ESA, landlords cannot generally impose breed restrictions (such as forbidding a pit bull as an ESA). Unless the specific animal poses a direct threat based on its conduct, not its reputation, you probably cannot deny the tenant’s request to have it as an ESA.

Landlords Can Ask For Documentation Verifying The Need For an ESA

If a tenant submits a request to have an emotional support animal in your property, you are permitted to verify the need for the animal. As a landlord, you can ask that the tenant provide a letter from a doctor, therapist, or other medical professional. This letter must verify that the tenant has a disability and the way in which the ESA alleviates the symptoms of their disability.

A disability can be almost anything. The Fair Housing Act defines a disability as a physical or mental impairment that limits one or more major life activities. Major life activities can include caring for one's self, walking, seeing, hearing, speaking, breathing, learning, and working. 

Some types of disabilities may be readily apparent, such as blindness, deafness, paralysis, or a condition that requires an assistive device to walk. Other disabilities may be invisible, like mental illness (such as anxiety, depression, or PTSD), alcoholism, or even cancer. As a landlord, you can request proof that a tenant has a disability, but the tenant does not have to reveal their specific disability.

The letter from a medical professional must also state that the support animal is necessary for the tenant because it provides support that alleviates at least one of the identified symptoms or effects of the existing disability. A landlord does not have to accept any animal that does not provide some benefit to the tenant. The medical professional must connect the tenant’s possession of the animal with an alleviation of at least one symptom of the disability.

Are There Any Exceptions to This Rule?

Under the Fair Housing Act and Florida law, the prohibition on discriminating against people with disabilities only applies to certain “housing providers.” Generally, if you are a small landlord, you may be exempt from these requirements. This includes:

• Buildings with four units or fewer where one of the units is owner-occupied; and
• Single-family homes that were rented out without using a realtor. The owner of the rental home cannot own more than three single-family homes as rental properties.

Legal Grounds For Rejecting a Tenant With an Emotional Support Animal

There are several legal groundsfor rejecting a tenant with an emotional support animal. The scenarios that would warrant rejection are rare, but they could arise. You should consult with a real estate attorney if you believe any of these grounds for rejection are present before rejecting a tenant. 

The Animal Is Dangerous or Poses Health Risks

If the animal causes damage or becomes a threat to other tenants in the building, you may refuse to allow it to remain in your rental property. Just because an animal is an ESA does not mean that a tenant has a right to disturb or disrupt other tenants or neighbors. You may ask the tenant to have the animal trained or go to obedience lessons, or ban it from certain common areas. If the animal remains a problem, then you may take steps to evict the tenant. 

If the animal causes injuries to others, it may be reported to the local authorities. Depending on the situation, animal control may require that the animal be euthanized. 

Although you cannot charge a pet deposit for an emotional support animal, you can hold them responsible for any damage that their pet causes. For example, if their emotional support cat has accidents on the carpeting, you could charge the tenant for the cost to replace the carpet.

The Animal Would Cause Financial Hardship

If allowing a particular animal would cause you financial hardship, then you may be able to reject it. Financial hardship could come in the form of having to make property modifications to accommodate the animal (like installing pet doors or pet-resistant flooring), or it could be the expense of repairs from damage. 

Keep in mind that “undue financial hardship” is a legal standard, and cannot simply be because you don’t want any pets in your rental properties. If you have questions about whether your situation qualifies for the exception, you should reach out to a landlord-tenant attorney.

The ESA Letter Is Illigitemate

An illegitimate ESA letter is one of the more common grounds for rejection. If the letter is proven to be fraudulent or not issued by a licensed mental health professional, then you have the right to reject the emotional support animal. Some tenants may unknowingly provide an illegitimate letter from an online therapist who isn’t actually licensed. Performing a search for the professional's credentials is an important step in verifying the legitimacy of an ESA letter. 

The Animal Size Or Type Isn’t Compatible With The Property

If an animal is too big for your property or isn’t compatible with your space, then you may be able to reject the request. Landlords may be able to refuse certain ESAs on the basis of the inability to safely accommodate a type of animal, local regulations regarding certain animal types, or limited space for a larger animal. For example, if you rent out a small apartment in a building in downtown Tampa and a tenant wants to have an emotional support horse, you could probably refuse to allow this ESA because having a horse in a small apartment is not a reasonable accommodation. It would also likely cause significant damage and financial hardship.

The Tenant Isn’t Qualified To Lease Or Violates The Lease

Finally, if a prospective tenant is not otherwise qualified to rent from you or if a current tenant violates their lease in another way, you could reject their application or begin the eviction process. For example, if an applicant does not meet the minimum income requirements to rent your property, then you could reject their application on that basis. However, if the rejection or eviction is seen as a pretext (i.e., an excuse to avoid allowing an ESA), then it may be considered a form of housing discrimination.

How Do I Know That My Tenant’s ESA Letter Is Legit?

Emotional support animals have become very popular. Given that there are very minimal standards to have an ESA, it isn’t surprising that websites have sprung up that charge a small fee for an ESA letter. In some cases, tenants without disabilities may seek out and obtain these letters to get around a no-pets policy.

These types of scams put landlords in a bad position because their options for verifying the veracity of their ESA letter are limited. While you can talk to your tenant about their request, you cannot accuse them of lying. Keep in mind that many disabilities are invisible, and you generally cannot ask your tenant for specific details about their disability. If you do, it could be used against you if a Fair Housing or civil rights complaint is filed against you.

Florida law does allow landlords to confirm a disability in some ways. While you cannot ask for details about a person’s disability, if it is not reasonably apparent, you can ask for information that supports that the person has a disability. This may include a governmental disability determination, receipt of disability benefits, or proof of eligibility for housing assistance due to a disability. 

You can verify the validity of the healthcare professional’s license by checking the state database for licensed professionals. You could also ask your tenant to have their doctor or therapist complete a form for the reasonable accommodation. However, unless your tenant gives you written permission to contact their provider, you cannot reach out to the therapist or doctor and speak to them about your tenant. Doing so may be a violation of the Fair Housing Act, and the professional cannot talk to you about their patient without a HIPAA release.

In Florida, if a tenant’s letter came from an out-of-state provider, they must have provided in-person care or services to the tenant on at least one occasion. In other words, if your tenant has never actually seen the out-of-state healthcare professional, then the letter is not valid.

Questions To Avoid Asking A Tenant

Talking with a tenant about their disability can be a minefield. You cannot ask them:

• If they have a disability;
• How severe their disability is;
• To examine their medical records;
• What kind of treatment they have received;
• If they take medicine for their disability;
• About their symptoms or diagnosis.

In other words, the only information that you will likely get about your tenant’s need for a reasonable accommodation will come from the letter from their healthcare provider. A tenant is also free to disclose this information voluntarily. To reduce the risk of legal liability, an experienced property manager can handle requests for ESAs on your behalf.

Criminal Penalties for ESA Misrepresentation in Florida

Florida law takes ESA fraud seriously. Under Florida Statutes § 760.27(2)(c), knowingly misrepresenting an animal as an emotional support animal or submitting fraudulent ESA documentation is a second-degree misdemeanor. This can result in:

• A fine of up to $500;
• Up to 60 days in jail;
• Possible civil penalties if the misrepresentation leads to a discrimination investigation.

Landlords should be aware of this penalty when reviewing suspicious documentation, and tenants should know the risks of misrepresenting an animal as an ESA.

What Could Happen If I Violate Federal and State Laws Regarding ESAs?

If a tenant or prospective tenant believes that they have been discriminated against because of their disability, they may file a complaint with the Department of Housing and Urban Development (HUD) or file a federal or state lawsuit against the landlord. A HUD complaint must be filed within 1 year of the date of the alleged discrimination, while a civil rights lawsuit must typically be filed within 2 years.

The consequences of a HUD complaint and/or a civil lawsuit could be severe. If an administrative law judge (ALJ) or court finds that you violated the Fair Housing Act or the Florida Civil Rights Act, then you could be liable for damages. These damages may include actual financial losses as well as things like humiliation, emotional distress, and pain and suffering. You may also be subjected to a civil penalty of up to $16,000 for a first offense, and may be required to pay reasonable attorney’s fees and costs. You may also be required to rent to the tenant and allow them to have the animal.

Violations of these laws can lead to steep, financially ruinous consequences. For this reason, it is important to work with a property manager who has experience handling requests for ESAs and other reasonable accommodations.

Best Practices for Landlords When Handling ESA Requests

To protect your rights while remaining compliant with the law, landlords should consider implementing the following best practices:

• Standardize your process: Use a written ESA request form and maintain consistent procedures for every tenant.
• Respond in writing: Acknowledge requests within a reasonable timeframe (typically 10–14 days).
• Store documentation securely: Keep all disability-related information confidential and separate from general tenant files.
• Avoid confrontation: Refrain from discussing the tenant’s diagnosis or questioning their need for an ESA.
• Use the interactive process: If a tenant’s documentation is unclear, request clarification instead of issuing a flat denial.

Tenant Responsibilities for Emotional Support Animals

While landlords must reasonably accommodate ESAs, tenants have responsibilities as well. Florida law allows landlords to hold tenants accountable if the animal causes harm or violates lease conditions. Tenants must:

• Keep the ESA under control at all times;
• Prevent damage to the property;
• Clean up after the animal;
• Avoid causing disturbances (e.g., excessive barking or aggression toward others).

If a tenant fails to meet these obligations, a landlord may pursue remedies including warnings, fines, or even eviction proceedings, so long as those actions are based on the animal’s conduct and not the ESA designation.

How Eaton Realty Can Help

The laws surrounding emotional support animals can seem unfair to landlords. However, they were established to ensure that people with disabilities are able to obtain housing, even if they need a service or emotional support animal. Understanding the rules surrounding ESAs can help you avoid committing a costly violation.

The property management team at Eaton Realty is well-versed in both Florida and federal law on emotional support animals and other types of reasonable accommodations for people with disabilities. We will work with you to ensure that your interests are protected - and that you comply with the law. To learn more, fill out our online contact form or call us at 813-672-8022 to talk to a seasoned Tampa area property manager.

Common Florida Emotional Support Animal Rental FAQs

What Kinds of Documentation Are Required For an Emotional Support Animal?

In Florida, the primary and legally required documentation for an Emotional Support Animal (ESA) is a valid ESA letter from a licensed healthcare professional. This letter must confirm that the individual has a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders (DSM) and that the ESA provides therapeutic benefits to alleviate at least one symptom of the disability.

Under Florida Statutes § 760.27, landlords and housing providers may request reliable documentation if the disability is not readily apparent. This documentation must:

• Be in writing.
• Be prepared by a licensed healthcare practitioner (such as a licensed physician, psychiatrist, psychologist, or clinical social worker).
• Be dated no more than 12 months prior to the request for accommodation.
• Clearly state the need for the animal due to a disability, not just a recommendation or general benefit of animal companionship.

Importantly, documentation cannot come from a generic online service that does not involve a patient-provider relationship. Florida law specifically prohibits misrepresenting an ESA or using documentation from unqualified sources.

Who Can Write an ESA Letter?

According to Florida law, an ESA letter must come from a licensed healthcare practitioner who has personal knowledge of the person’s condition and is actively providing professional care or treatment. Acceptable professionals include:

• Licensed physicians (MD or DO)
• Licensed psychologists (Ph.D. or Psy.D.)
• Licensed clinical social workers (LCSW)
• Licensed mental health counselors (LMHC)
• Licensed marriage and family therapists (LMFT)
• Psychiatric nurse practitioners

They must be licensed in Florida or the state where the person resides and have an established therapeutic relationship with the individual, not just a one-time consult or online questionnaire.

Florida law (Section 760.27) further clarifies that telehealth services are acceptable only if they comply with Florida’s standards for telehealth, including a real provider-patient relationship.

What Are The Requirements For an ESA Letter?

In Florida, an ESA letter must meet the following legal and clinical requirements:

1. Be issued by a licensed healthcare provider (see list above) who has personal knowledge of your condition and is actively treating or evaluating you.
2. Be written within the last 12 months. Letters older than a year may be considered outdated and invalid under Florida law.
3. Include all of the following elements:
   1. The professional’s license number and licensing jurisdiction.
   2. Confirmation that the individual has a disability as defined by the Fair Housing Act and/or the Americans with Disabilities Act.
   3. A statement that the animal is needed to alleviate symptoms of the person’s disability.
   4. Contact information for verification (though landlords may not require details about the specific diagnosis).
   5. Must not be merely a certification of the pet—Florida law requires a statement of medical necessity, not a general endorsement.

Failing to provide a properly formatted and legitimate ESA letter may result in the denial of a housing accommodation request.

Can a Tenant Have More Than One Emotional Support Animal?

Yes, a tenant can have more than one emotional support animal in Florida, but each animal must be individually justified as necessary for the person’s treatment or symptom relief.

Under the Fair Housing Act and Florida Statutes § 760.27, a housing provider is allowed to request documentation for each animal, particularly if the need for multiple ESAs is not obvious. This means:

• Each animal must serve a purpose in treating or alleviating symptoms of a disability.
• Each animal must be documented by the licensed healthcare provider as necessary.

Landlords are not obligated to accept multiple animals just because a person wants them, but they also cannot unreasonably deny a legitimate request with proper documentation. Also, tenants remain responsible for:

• Keeping their animals under control.
• Ensuring they do not cause damage or disturbances.
• Cleaning up after the animals.

Does an Emotional Support Animal Need To be Trained?

No, emotional support animals are not required to undergo any specialized training under Florida or federal law. Unlike service animals, which must be trained to perform specific tasks related to a disability, ESAs provide emotional comfort simply through their presence.

That said, while training isn’t required, the animal must:

• Be well-behaved and under the control of the tenant.
• Not pose a direct threat to the health or safety of others.
• Not cause significant property damage.

Florida law allows landlords to deny ESA accommodation if the animal is dangerous, destructive, or disruptive, regardless of its status.

What If The HOA or Condo Association Bans Pets? 

Homeowners and condo associations are still subject to FHA requirements. This means that an emotional service animal cannot be rejected based on HOA or condo association rules. HOAs and condo associations must make reasonable accommodations, even if their rules prohibit pets.