Emotional support animals are some of the best companions you can have. Not only are they great pets, but they also serve a legitimate purpose by assisting with mental health disorders. Plus, emotional support animals aren’t restricted by service dog laws, so you can have cats, dogs, and plenty of additional animals as ESAs.
That said, ESAs aren’t protected by the Americans with Disabilities Act or Air Carrier Access Act (ACAA), so you may be wondering if landlords can treat them like pets and charge fees. So, can landlords charge for ESA?
In this article, we answer that question and more.
What Is an Emotional Support Animal (ESA)?
An emotional support animal is a particular pet that provides emotional support for someone. They offer support and comfort to people who struggle with mental health disorders.
Examples of conditions they treat include anxiety, depression, bipolar disorder, and even loneliness. Depending on the ESA and the patient’s needs, treatment is offered via their presence or sometimes by providing deep pressure therapy (DPT).
Unlike service animals, emotional support animals can be almost any type of animal. The main requirement is that they need to be able to fit in the housing you live in, but it also helps to have a non-threatening animal.
What Are ESA Laws?
When it comes to emotional support animals, understanding the laws and regulations is essential if you don’t want to run into any trouble. Thankfully, ESA laws are simple to understand. When it comes to ESAs, laws are only in place to protect them in housing situations. This is especially true if you have a landlord or live in non-pet-friendly housing. Laws that protect ESAs for housing are outlined in the Fair Housing Act (FHA).
While there used to be ESA laws that protected emotional support animals when traveling on airlines, these laws were revised and only apply to service animals. Unfortunately, there are no public access laws for emotional support animals either. Therefore, you’ll need to contact places you plan to visit and get approval for an ESA before you arrive.
For a more detailed breakdown of the ESA laws you need to know, be sure to check out this in-depth ESA law guide.
How Do You Get an ESA?
You can’t just bring home a pet and claim that they’re an emotional support animal. If you want to be able to live in your home with an ESA without being charged, you’ll need an emotional support animal letter. To get an ESA letter, you’ll need to speak with a licensed mental health professional and have them sign a letter stating why you need an ESA.
Without this letter, you won’t have any protections for your ESA, and landlords may be able to charge you a pet fee.
Can Landlords Charge for ESA?
No, landlords can’t charge for an ESA. This is due to the fact that legitimate ESAs are protected under the Fair Housing Act, which is one of the few ESA laws still in place. Essentially, the law ensures that landlords can’t discriminate against people who have disabilities, and an ESA is a treatment for a disability.
For this reason, if you have an ESA letter, your landlord can’t charge you pet fees. However, there are some minor exceptions and caveats.
When Can Landlords Charge for ESA?
Landlords can’t usually charge for an ESA. However, that doesn’t mean it’s impossible. You’ll find that landlords can charge for an ESA if they cause damage to a property.
You’ll also find that landlords can charge for an ESA if they threaten others or cause harm to others. Depending on the severity of the situation or the extent of the damage, the cost may vary.
While landlords may charge you for damages, this can also result in eviction. Make sure you keep this in mind and ensure that the animal you have is well-behaved and trained.
Can Landlords Charge for ESA? Our Final Thoughts
So, can landlords charge for ESA? In summary, no, landlords can’t charge for an ESA. The only time that they can charge for an ESA is if your animal starts breaking things, damaging property, or scaring others.
That said, always make sure you have an ESA letter from a licensed mental health professional before you bring home an emotional support animal. Without this letter, landlords can have you evicted or charge you pet fees.