What to Know About Renting to Tenants With Service Animals

At Vesta Property Management, we know many landlords prefer to keep things simple: screen tenants, sign the lease, and collect rent. But what happens when a prospective tenant applies with a service animal, even though your lease clearly states “No Pets Allowed”?

If you’ve never encountered this situation before, it can feel confusing and even frustrating. Service animals are not considered pets under the law, which means the standard “no pets” policy does not apply in these cases.

As a property owner, it’s important to understand your responsibilities, the rights of tenants with service animals, and how to approach these situations fairly and legally.

In this article, Vesta Property Management will walk you through what you need to know about service animals, how the rules differ from traditional pet policies, and how we help landlords handle these requests with confidence and peace of mind.

Are Service Animals Pets?

Some landlords misunderstand this. Legally, service animals are not considered pets. That means the no-pet policy does not apply to tenants with service animals. The Fair Housing Act (FHA) specifically requires landlords to provide reasonable accommodation for tenants who live with disabilities.

That also includes allowing them to stay on the rental property with service animals or emotional support animals (ESA) even when the property has a no-pet policy.

As a landlord, you are not allowed to charge tenants who have legitimate service animals pet deposits or pet rents. Also, you are not permitted to restrict the breed or size of service animals they bring to the property. Finally, denial of tenancy following the presence of a service animal is illegal.

Service Animals & Emotional Support Animals: What Landlords Need to Know

Service animals are specifically trained to perform tasks that assist individuals with disabilities, such as guiding someone who is visually impaired, alerting before a seizure, retrieving items, or helping with mobility. They are protected under both the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA).

Emotional support animals, on the other hand, are not trained for specific tasks. Their role is to provide comfort and therapeutic benefits. They are covered only under the Fair Housing Act, and tenants will typically need documentation from a licensed mental health professional to verify the need.

For landlords, this means you cannot request documentation for service animals, but you may ask for supporting paperwork if a tenant requests an emotional support animal.

What You Can and Cannot Ask Tenants About Service and Support Animals

This is an area where many landlords get confused. While it’s natural to want clarity, the law sets clear limits on what you may and may not ask tenants regarding service animals or emotional support animals.

What you are allowed to ask:

• Whether the animal is needed because of a disability (without asking for details about the disability itself).
• What specific tasks the service animal has been trained to perform (service animals only).
• For emotional support animals, you may request documentation from a licensed mental health professional (psychologist, psychiatrist, therapist, or clinical social worker). The letter should be on official letterhead, less than a year old, and state the tenant’s need for the animal.

What you are not allowed to do:

• Ask for a tenant’s clinical diagnosis or medical history.
• Require the animal to be registered in a national database.
• Demand proof of animal training.
• Charge pet fees or pet deposits.
• Raise the rent because of the animal.

Types of Animals Covered and How to Manage Them as a Landlord

Under the ADA, only dogs and, in limited cases, miniature horses qualify as service animals. The Fair Housing Act (FHA), however, covers a broader range of animals as emotional support animals, which may include cats, birds, rabbits, small pigs, and, in rare cases, other animals.

That said, landlords are not required to allow an animal if:

• It creates a direct threat to health or safety standards.
• There’s evidence that it may cause enormous damage to the property.
• It presents an unreasonable administrative or financial burden.

Reasonable rules you can enforce for service animals:

• The animal must remain under control or on a leash in common areas.
• Tenants must clean up after the animal.
• The animal must not disturb other residents.

If problems occur, you may:

• Issue warnings.
• Require corrective action.
• In serious or repeated cases, proceed with eviction (with fair, legal, and well-documented reasoning).

If the service animal damages your property, you have the right to withhold part or all of the standard security deposit (for documented damages). You can also directly bill the tenant if the repairs are beyond normal wear and tear.

Bottom Line

It’s always advisable to set clear expectations for your tenants with service animals. A smart move is to update your lease agreements to outline consequences for disturbances or damages, behavioral expectations, and tenant responsibilities. Include a service animal policy in your lease agreement and stay informed on the law (FHA, ADA, and local regulations).

For peace of mind, consider partnering with Vesta Property Management. Our experienced team stays on top of changing laws and handles every detail of rental management so you do not have to.