Do Landlords Have to Accept Emotional Support Animals?

For Florida landlords, the issue of emotional support animals (ESAs) can be a bit confusing. This is particularly true if your property has a strict no-pets policy. So what should you do if your tenant asks to have an emotional support animal?

While property owners want to protect their investments, federal and Florida fair housing laws require landlords to accommodate tenants who have a legitimate need for an ESA. Understanding these rules is critical because mistakes can expose landlords to regulatory complaints, claims of discrimination, and costly legal disputes. Our experienced Tampa property managers can help you navigate requests for emotional support animals to protect your rights and your interests.

At Eaton Realty, our property management services include handling challenging 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?

An emotional support animal is an animal that provides comfort and therapeutic benefits to a person with a physical or mental disability through its presence. Unlike ordinary pets, an ESA is connected to a disability-related need that has been identified by a licensed healthcare professional. Under Florida law, emotional support animals do not require specialized training to qualify as assistance animals.

Many people assume that emotional support animals are limited to more traditional pets, but a variety of animals may qualify. While dogs and cats remain the most common types of ESAs, the law focuses on the disability-related needs rather than the species of animal. In fact, there are many stories of peacocks, ducks, pigs, and other animals being claimed as an ESA.

For landlords, the most important thing to remember is that an emotional support animal is treated differently than a household pet when it comes to fair housing laws. A no-pets policy that applies to pets does not automatically apply to a qualified ESA.

Service Animals vs. Emotional Support Animals

Many landlords use the terms “service animals” and “emotional support animals” interchangeably. However, there are key differences between the two types of animals.

Feature	Service Animal	Emotional Support Animal
Purpose	Performs specific tasks related to a disability (such as a guide dog for a blind person)	Provides emotional comfort through its presence
Training Required	Yes	No
Species	Dogs and, in limited cases, miniature horses	Dogs and cats are most common, although other species may qualify
Covered by the Americans with Disabilities Act Public Access Rules	Yes	No
Covered by the Fair Housing Act	Yes	Potentially, depending on applicable law and evolving federal guidance
Examples	Guide dog, seizure-alert dog, mobility assistance dog	An animal that helps alleviate symptoms of anxiety, PTSD, depression, or similar conditions

Service animals receive broader legal protections because they are specifically trained to perform tasks. Emotional support animals do not have public-access rights under the Americans with Disabilities Act (ADA), but they may still qualify for housing accommodations under the Fair Housing Act (FHA). Certification is not required for service animals or emotional support animals.

What Laws Protect Emotional Support Animals in Rental Properties?

The primary law governing emotional support animals in rental housing is the Fair Housing Act. The FHA prohibits housing discrimination against individuals with disabilities. It also requires housing providers (such as landlords) to make reasonable accommodations when necessary.

Florida law also provides protections for individuals who require emotional support animals. Together, these laws generally require landlords to consider accommodation requests even when lease agreements prohibit pets.

The goal of these laws is not to give certain tenants special treatment. Instead, they are designed to ensure that people with disabilities have equal access to housing opportunities.

New HUD Guidance Changes Legal Landscape

On May 22, 2026, the Department of Housing and Urban Development (HUD) released new guidance related to animal-related housing accommodations. This guidance effectively ends nearly 2 decades of federal protection for individuals who rely on ESAs. Essentially, HUD has eliminated the presumption that landlords and housing providers must accommodate untrained ESAs.

Instead, HUD has imposed the much stricter standard for trained service animals. Under this new guidance, HUD will find reasonable cause for failure to provide a reasonable accommodation related to the waiver of a pet policy only if the animal has been individually trained to perform work or tasks related to a person’s disability. Instead of considering an animal to be an ESA if it provides comfort or companionship, the animal has to be trained to qualify as an ESA under federal law.

Importantly, the Fair Housing Act itself has not been amended. This guidance also only applies to FHA complaints. Tenants can also still file a complaint under the ADA or Section 504 of the Rehabilitation Act.

Landlords must also still comply with Florida law related to ESAs. For now, landlords should be aware of the new HUD guidance, but should still review each request for an ESA with caution and in accordance with federal and Florida law.

Do Landlords Have to Allow Emotional Support Animals?

In most situations, landlords will be required to accommodate a request for an emotional support animal. If a tenant provides appropriate documentation demonstrating a disability-related need for an emotional support animal, a landlord will usually be required to make a reasonable accommodation. This is true even if the lease contains a no-pets provision.

A landlord generally cannot:

• Reject an applicant solely because they have a legitimate ESA
• Refuse a reasonable accommodation request without proper justification
• Require a tenant to remove an approved ESA because of a no-pets policy
• Charge pet rent or pet deposits for an approved ESA

However, landlords are not required to approve every request automatically. They may still evaluate documentation and determine whether an accommodation is legally required.

There are also some exceptions to the general rule that landlords must accept ESAs. 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.

If you fall into one of these categories, then you may be within your rights to deny an ESA.

What Documentation Can a Landlord Request?

One of the most common challenges for landlords is determining whether an ESA request is legitimate. This is particularly true because there are so many websites that offer documentation for an emotional support animal for a fee, even if the provider has never actually seen or treated a person.

If the disability and need for the animal are not obvious, landlords may request supporting documentation from a licensed healthcare provider. This documentation typically confirms the following:

• The tenant has a qualifying disability.
• The animal helps alleviate the symptoms or effects of that disability.
• The accommodation is necessary for the tenant’s use and enjoyment of the property.

Landlords may verify professional licenses and review supporting information, but they should avoid requesting detailed medical records or specific diagnoses. Asking overly intrusive questions can create the risk of running afoul of fair housing laws.

One of the difficulties that many landlords face is determining whether ESA accommodation documentation is legitimate. There are many websites 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 letters can put landlords in a bad position because the 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.

Florida law takes ESA fraud seriously. Under Florida law, 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.

Questions Landlords Should Avoid Asking

When reviewing an ESA request, landlords should focus on the accommodation request itself rather than the tenant’s medical history. Generally, landlords should avoid asking:

• What specific disability the tenant has
• How severe the disability is
• What medications the tenant takes
• Whether the tenant has received treatment for their disability
• Anything about a tenant’s detailed medical history

Instead, the inquiry should remain limited to whether the tenant has a qualifying disability-related need for the animal.

Can a Landlord Charge Fees for an Emotional Support Animal?

Landlords cannot change fees for ESAs. An approved emotional support animal cannot be treated like a pet for fee purposes.

This means that landlords generally cannot charge:

• Pet deposits
• Pet rent
• Non-refundable pet fees
• Additional monthly pet charges

However, tenants are still financially responsible for any actual damage caused by the animal. If an ESA destroys flooring, damages walls, or causes other property damage, the tenant may be charged for repairs just as they would be for any other type of property damage.

When Can a Landlord Legally Deny an ESA?

Although landlords must often accommodate emotional support animals, there are circumstances where denying a request may be appropriate. Possible grounds for denial include:

1. The Animal Poses a Direct Threat: A landlord may be able to deny an accommodation if the specific animal presents a genuine health or safety risk to others. Just because an animal is an ESA does not mean that the tenant can disturb or disrupt others. For example, if a tenant’s emotional support dog barks for hours every night, disrupting the sleep of other tenants, then you could ask the tenant to take steps to remedy the situation, such as training. If the tenant refuses to do so or the problem does not get better, you may be able to evict the tenant. These decisions must be based on actual behavior and evidence, not stereotypes about particular breeds. For example, it would probably be OK to deny a dog that has previously bitten people. It wouldn’t be OK to deny a dog just because it is a pit bull if it doesn’t have that same history.
2. The Animal Causes Significant Property Damage: If an emotional support animal repeatedly damages the rental property or creates significant maintenance issues, a landlord may have a legal basis to pursue enforcement actions.
3. The Accommodation Creates an Undue Burden: In rare cases, a requested accommodation may create an excessive financial or administrative burden on the landlord. These situations are highly fact-specific and should be evaluated carefully. For example, if a tenant having an ESA may require you to modify the property to accommodate it, then that may be a basis for denying the ESA as an undue burden. However, simply not wanting animals in your rental properties is not an undue burden.
4. Insufficient Documentation: A landlord may deny a request for an ESA when a tenant fails to provide legally sufficient documentation to support the need for an emotional support animal. For example, if the letter requesting an accommodation is fraudulent or not issued by a licensed medical or mental health professional, then you can reject the request for an ESA.
5. Incompatibility: If the animal size or type isn’t compatible with the rental property, then a landlord may be able to reject the request for an ESA. This may be because the property cannot safely accommodate a particular type of animal, local regulations about certain species of animals, or limited space for larger animals. For example, if a tenant wants an emotional support chicken and local ordinances prohibit keeping chickens in residential areas, that may be a basis for denying the ESA request.
6. The Tenant Isn’t Otherwise Qualified or Has Violated the Lease: If a prospective tenant is not qualified to rent the property, then you do not have to approve their application simply because they have a disability and are also requesting an ESA accommodation. Similarly, if a tenant violates the lease in another way (such as for non-payment of rent), you can evict them following the legal procedures. However, you have to be careful not to reject or evict a person as a pretext (to avoid allowing an ESA), which may be considered a form of housing discrimination.

Do Tenants Have Responsibilities When It Comes to Emotional Support Animals?

Landlords are often required to accommodate ESAs. Tenants also have responsibilities in Florida when it comes to emotional support animals. Florida law allows landlords to hold tenants accountable if the animal causes harm or the tenant’s behavior 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.

Common ESA Challenges for Florida Landlords

Many landlords become frustrated with ESA requests, especially when they are made after a lease is signed or when the documentation appears questionable. It can be difficult for landlords to balance compliance with federal and state law with their concerns about property damage, fairness to other tenants, and potential abuse of the system.

At the same time, housing providers who improperly deny valid requests for an accommodation can face significant legal exposure. That is why it is important to evaluate each request individually rather than relying on assumptions.

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.

Under the new HUD guidance, a complaint for an FHA violation related to an ESA might not go far unless the animal is specifically trained. HUD has also paused the processing of ESA-related complaints for untrained animals. However, a tenant could potentially file other complaints, including a civil lawsuit or a complaint for a violation of Florida’s Civil Rights Act, the ADA, or Section 504.

To reduce legal risk and maintain consistent procedures, landlords should:

1. Create a written accommodation policy, with a written ESA request form and consistent procedures for every tenant.
2. Evaluate every ESA request individually.
3. Document all communications. Keep communications regarding disability-related requests for accommodation separate from general tenant files.
4. Respond promptly to accommodation requests. Acknowledge all requests in writing within 10 to 14 days.
5. Verify supporting documentation when permitted.
6. Focus on behavior rather than breed or species.
7. If a tenant’s documentation is unclear, request clarification instead of simply denying it.
8. Consult experienced property management professionals when questions arise.

Consistency is one of the most important factors in avoiding fair housing complaints.

How a Skilled Property Manager Can Help

ESA requests involve a complicated intersection of landlord-tenant law, disability accommodations, and fair housing regulations. Even well-intentioned landlords can make mistakes that lead to expensive legal disputes.

A professional property manager can help by:

• Reviewing accommodation requests
• Managing tenant communications
• Maintaining documentation
• Applying policies consistently
• Helping to ensure compliance with federal and Florida fair housing laws

At Eaton Realty, our property management team helps landlords throughout the greater Tampa area navigate challenging issues such as emotional support animals, fair housing compliance, tenant screening, lease enforcement, and risk management. Whether you own a single rental property or a larger portfolio, we can help to protect your investment while keeping you compliant with applicable laws.

Experienced Property Management for Hillsborough County Landlords

For Florida landlords, it is important to understand that emotional support animals are not simply pets; they are housing accommodations protected under federal and state law. While landlords retain certain rights to verify documentation and address dangerous or destructive animal behavior, denying a legitimate ESA request can create significant legal exposure. Understanding your obligations and implementing consistent procedures can help you avoid disputes while maintaining a successful rental property business.

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 property manager.

Frequently Asked Questions about Emotional Support Animals and Florida Rental Properties

Resources:

• http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0760/Sections/0760.27.html
• https://www.washingtonpost.com/travel/2020/01/24/peacocks-ducks-doomed-hamsters-wildest-emotional-support-animal-travel-stories/
• https://dredf.org/wp-content/uploads/2026/05/ESA-Enforcement-Memorandum-w-Appendix-05.22.2026-SIGNED-Incomplete-Access-Pass.pdf
• https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0817/Sections/0817.265.html