Pet Policies for Landlords: Fees, Deposits, and ESA Rules

Whether you allow pets, charge pet rent or a pet deposit, or have tenants with assistance animals, clear policies keep everyone on the same page and help you stay within fair housing law. For deposits and refunds, see Security Deposits; for protected classes and discrimination rules, see Fair Housing for Landlords; for lease basics, see What Is a Lease?.

Allow Pets or Not

You can choose to allow pets, prohibit them, or allow them with conditions (e.g. size, type). Whatever you decide, put it in the lease and apply it consistently so you don't treat similar tenants differently. Some landlords allow pets and charge a monthly pet rent or a one-time pet fee to cover added wear and tear.

Pet Fees vs Pet Deposit

A pet fee is usually non-refundable and paid at move-in or in installments. A pet deposit may be refundable (or partially refundable) like a security deposit—state law often caps total deposits (security + pet) and sets rules for withholding. Check your state; see Security Deposits for how much you can collect and when to return it.

Assistance Animals (ESA and Service Animals)

Emotional support animals (ESAs) and service animals are not "pets" under fair housing law. You generally cannot refuse them, charge a pet fee or deposit for them, or apply pet policies to them, even in a no-pets building. You may request reliable documentation for an ESA where allowed; rules vary. Treating assistance animals differently from pets avoids fair housing complaints—see Fair Housing for Landlords.