28Aug, 2025
ESA Pet Fee Waiver: What Tenants & Landlords Need to Know

Article

Introduction

Many landlords charge pet deposits, monthly pet rent, or one-time pet fees. But when it comes to Emotional Support Animals (ESAs), federal housing laws give tenants powerful protections.

If you have a valid ESA letter, you may qualify for an ESA pet fee waiver—meaning you don’t have to pay extra deposits, rent, or fees that apply to pets.

This guide explains what an ESA pet fee waiver is, how it works, when landlords can or cannot charge fees, and how tenants can enforce their rights under the Fair Housing Act (FHA).

What is an ESA Pet Fee Waiver?

An ESA pet fee waiver is the legal exemption that prevents landlords from charging tenants:

  • Pet deposits.
  • Monthly pet rent.
  • Non-refundable pet fees.

This waiver exists because ESAs are not considered pets under the FHA. They are legally classified as a type of assistance animal, similar to service animals (though ESAs have fewer rights than service animals).

The Law: FHA & ESA Pet Fee Waiver

Under the Fair Housing Act (42 U.S.C. 3601), landlords must make “reasonable accommodations” for tenants with disabilities. Since an ESA is part of disability accommodation, extra charges are not allowed.

👉 This means:

  • No monthly pet rent.
  • No upfront pet deposits.
  • No “ESA application fee.”

However, tenants are still responsible for any damage their ESA causes (just like any other tenant would be for property damage).

Common Misconceptions About ESA Pet Fees

  1. “But my lease says no pets allowed.”
    • ESA rules override no-pet policies.
  2. “But large or dangerous breeds cost extra.”
    • Breed and size restrictions don’t apply to ESAs.
  3. “But I can charge a cleaning fee for ESAs.”
    • Landlords cannot charge upfront fees, but may bill later for specific damages.
  4. “But I already charge all pet owners equally.”
    • ESA owners cannot be charged at all, since ESAs are not legally “pets.”

When Landlords Can Deny a Pet Fee Waiver

Although landlords cannot impose general fees, they may deny the waiver or hold tenants financially responsible in some cases:

  • Fraudulent ESA Letters
    • If the ESA documentation is invalid, purchased online without proper evaluation, or not from a licensed mental health professional.
  • Damage After Tenancy
    • If the ESA causes chewed walls, destroyed carpet, or similar damage, repair costs may be deducted from a standard security deposit.
  • Direct Safety Threat
    • If the ESA is dangerous or uncontrollable, accommodation (and fee waiver) can be denied.

How Tenants Can Request an ESA Pet Fee Waiver

  1. Get a Valid ESA Letter
    • Must be from a licensed mental health professional (LMHP) such as a psychologist, psychiatrist, therapist, or licensed social worker.
    • Letter should confirm your need for an ESA, but not disclose your full medical history.
  2. Submit an Accommodation Request
    • Provide your ESA letter in writing to the landlord or property manager.
    • Clearly state that you are requesting a reasonable accommodation under FHA.
  3. Request Written Response
    • Ask the landlord to confirm whether fees will be waived.
    • Keep all communication in writing for documentation.
  4. Follow Up if Denied
    • Politely explain the FHA requirement.
    • If refusal continues, consider filing a HUD complaint.

Sample Request Letter for ESA Pet Fee Waiver

Here’s a simple template tenants can use:

Subject: Request for ESA Accommodation and Fee Waiver

Dear [Landlord’s Name],

I am requesting a reasonable accommodation under the Fair Housing Act for my Emotional Support Animal. Attached is a letter from my licensed mental health professional verifying my need for this accommodation.

As per FHA guidelines, assistance animals are not considered pets, and tenants cannot be charged pet deposits, pet rent, or other pet-related fees.

Please confirm that these fees will be waived. I am, of course, responsible for any damage caused by my ESA, as with any tenant.

Thank you for your understanding.

Sincerely,
[Your Full Name]

Tenant Rights if Waiver is Denied

If your landlord refuses to waive ESA pet fees:

  1. Ask for Written Explanation
    • Landlord must provide a valid, lawful reason for denial.
  2. File a HUD Complaint
    • Submit online or via mail with the U.S. Department of Housing and Urban Development (HUD).
  3. Contact a Fair Housing Lawyer
    • Legal support may be necessary in serious denial cases.
  4. Keep Records
    • Save all communication, letters, and emails.

FAQs

Q1: Can landlords charge a cleaning fee for ESAs?
👉 No upfront fees allowed, but if your ESA causes actual dirt/damage, you can be billed after.

Q2: Do pet fee waivers apply to all housing?
👉 Most rental housing is covered by FHA, except small owner-occupied buildings or single-family homes rented without a broker.

Q3: Can landlords charge a refundable deposit for ESAs?
👉 No separate ESA deposit, but you may still have a standard security deposit like other tenants.

Q4: Do ESAs get free airline travel too?
👉 Not anymore. ESA rights are mainly for housing, not flights (since 2021 rule changes).

Conclusion

An ESA pet fee waiver ensures tenants with Emotional Support Animals are not burdened with unfair financial costs.

✔ Landlords cannot charge pet deposits, monthly fees, or pet rent.
✔ Tenants remain responsible for actual property damage.
✔ Valid ESA documentation is required to secure protections.
✔ If denied, tenants can file a HUD complaint to enforce their rights.

By understanding ESA fee waiver rules, both tenants and landlords can avoid conflict and ensure compliance with the Fair Housing Act.

”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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