28Aug, 2025
Emotional Support Animal Lease Addendum: A Complete Guide for Tenants and Landlords

Emotional Support Animal Lease Addendum: A Complete Guide for Tenants and Landlords

Introduction

When a tenant requests accommodation for an emotional support animal (ESA), landlords may be concerned about how this affects the existing lease. One effective solution is adding an ESA lease addendum—a supplemental agreement that clarifies both tenant and landlord responsibilities.

This guide explains what an ESA lease addendum is, why it matters, and how to create one that complies with the Fair Housing Act (FHA) and HUD guidance.

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What is an ESA Lease Addendum?

A lease addendum is a legal document that modifies or supplements the terms of a lease agreement. In the case of an ESA, the addendum typically:

  • Confirms that the tenant has provided a valid ESA letter.
  • States that the ESA is not considered a pet under the lease.
  • Outlines tenant responsibilities (cleanliness, noise, supervision, etc.).
  • Reinforces landlord obligations under housing law.

👉 The addendum ensures clarity and legal compliance, protecting both parties.

Why an ESA Lease Addendum is Important

  1. Clarifies Rights & Duties
    Both tenant and landlord know exactly what is expected.
  2. Ensures Legal Compliance
    By documenting ESA accommodations, landlords protect themselves from discrimination claims.
  3. Reduces Conflicts
    Many disputes arise from misunderstandings about ESAs. A written addendum reduces confusion.
  4. Protects Tenants
    Tenants are assured their ESA is recognized officially, regardless of “no pets” rules.

Key Elements of an ESA Lease Addendum

A well-drafted ESA addendum usually includes:

  1. Recognition of ESA Status
    • States that the animal is an ESA, not a pet.
    • Notes that FHA rules apply.
  2. Tenant Responsibilities
    • Tenant must control the ESA and prevent disturbances.
    • Tenant must ensure the ESA does not damage property.
    • Tenant must comply with local licensing or vaccination laws.
  3. Landlord Responsibilities
    • Cannot charge pet rent, deposits, or fees.
    • Cannot enforce breed, size, or weight restrictions.
    • Must provide reasonable accommodation.
  4. Exclusions
    • If the ESA poses a direct threat or causes undue hardship, the landlord may take action.
  5. Acknowledgement
    • Both parties sign, confirming their understanding.

What an ESA Lease Addendum Cannot Include

A landlord cannot include terms that violate federal housing protections. This means:

❌ No additional pet deposits, rent, or fees.
❌ No restrictions based on breed, size, or weight.
❌ No requirement for extensive medical details about the tenant’s disability.

Including unlawful terms could expose the landlord to HUD complaints or lawsuits.

Sample ESA Lease Addendum (Simplified)

Emotional Support Animal Lease Addendum

This addendum is made on [Date] between [Landlord Name] and [Tenant Name] for the property at [Address].

  1. The tenant has submitted documentation verifying the need for an emotional support animal under the Fair Housing Act.
  2. The emotional support animal is not considered a pet. No pet deposits, rent, or fees apply.
  3. The tenant agrees to keep the ESA under control, ensure cleanliness, and comply with applicable health and safety laws.
  4. The tenant is responsible for any damages caused by the ESA beyond normal wear and tear.
  5. The landlord acknowledges their obligation to provide reasonable accommodation.

Signatures:
__________________ (Tenant)
__________________ (Landlord)

👉 This is a general example. Always consult a housing attorney when drafting legally binding documents.

Benefits of Using an ESA Lease Addendum

  • Tenants get peace of mind that their ESA is officially recognized.
  • Landlords reduce the risk of disputes or legal complaints.
  • Both parties maintain a professional and cooperative relationship.

Common Misunderstandings about ESA Lease Addendums

  1. “Landlords can charge a fee.”
    – False. ESA laws prohibit pet-related fees.
  2. “Only certain breeds qualify.”
    – False. Breed and weight restrictions cannot be enforced.
  3. “The addendum is optional.”
    – Partially true. The law doesn’t require it, but it’s highly recommended for clarity.

Case Example: Successful ESA Lease Addendum

Scenario:
A tenant in Denver requests accommodation for an ESA dog in a building with a strict “no pets” rule.

Resolution:

  • The tenant provides a valid ESA letter.
  • The landlord drafts an ESA lease addendum.
  • The addendum clarifies that no pet fees apply, but the tenant is responsible for damages.
  • Both parties sign, avoiding future disputes.

This example shows how a simple addendum can prevent conflict.

Legal Risks Without an ESA Lease Addendum

If a landlord refuses to recognize an ESA properly, they may face:

  • HUD discrimination complaints.
  • Fines and penalties.
  • Tenant lawsuits.

On the other hand, tenants who misuse ESA status without proper documentation may risk eviction.

Conclusion

An emotional support animal lease addendum is a smart tool for both tenants and landlords. It:

  • Provides clarity on rights and responsibilities.
  • Ensures compliance with the FHA.
  • Prevents conflicts and misunderstandings.

By incorporating a fair and transparent addendum, housing providers can support tenant needs while protecting their property rights.

”Get Yours Now!

Don’t wait until a landlord or airline tells you “no pets allowed.” Protect your rights today.

Please fill out this form and our team wil contact you ASAP.

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