Pet Fees for ESAs and Service Animals: What You Need to Know

Nearly half of American households own a pet dog. Pets often provide companionship and emotional support. However, depending on the specific policies in place, keeping them in housing, public places, or for air travel incurs extra fees.

Assistance animals like emotional support animals (ESAs) and service animals are exempt from many of these fees. An ESA Letter guarantees emotional support to its owner, with housing accommodations granted under the Fair Housing Act (FHA).

Service animals, usually trained dogs, perform tasks to assist individuals with disabilities. They have public access rights under the ADA and protections against housing and air travel discrimination under the FHA and ACAA. These legal rights waive fees required for pets.

Pet Fees, Pet Rent, and Pet Deposits Explained

Many landlords charge pet fees when renting their property. The fees ensure financial security for landlords. These fees help cover animal-related costs, such as property damage and increased maintenance. This way, landlords ensure they are protected against extra expenses.

There are different pet fees: non-refundable pet fees (One-time fee), monthly pet rent, and non-refundable and refundable pet security deposit.

Depending on the landlord’s rent policies and your pet type, you may have to pay all these fees.

Your landlord may exclude some of these fees. For example, they may only charge a one-time fee or pet rent. However, assistance animals, such as service animals or ESAs, are not classified as “pets” under the FHA. Landlords cannot charge pet fees, rent, or deposits for these animals.

What is a Pet Fee?

A pet fee is typically a one-time, non-refundable fee. It usually covers the cost of extra cleaning or maintenance due to having a pet. Landlords often charge pet fees upfront as part of the initial leasing process. The amount is based on anticipated wear and tear.

The average pet fee for housing ranges between $250 to $500. However, fees vary depending on the property’s location and the pet’s size, weight, and type.

What is Pet Rent?

Pet rent is a monthly charge for the pet. Unlike pet deposits, pet rent is like regular rent, which is a fixed amount that you have to pay every month. Landlords charge it for potential damage and ongoing maintenance associated with having pets.

Landlords usually add pet rent to the base rent each month, and it’s non-refundable. Monthly pet rent in the US is generally $10–$50 per pet. However, it can vary depending on the property’s location, type of animal, and amenities offered.

What is a Pet Deposit?

A pet deposit is a refundable amount that the landlord or property manager holds for the duration of the tenant’s stay in the property. A security deposit is charged to cover any pet-related damages caused by the pet beyond normal wear and tear.

Unlike pet fees, this deposit is returned to the pet-owning tenants if there is no pet-related damage when they move out from the rental unit. A pet deposit is usually paid upfront, along with any other deposits. The average pet deposits range between $100 and $600.

Housing Rights: Pet Fees and Deposits for ESAs and Service Animals

Pets don’t have any special rights under the Fair Housing Act (FHA). This means pet owners have to pay pet fees according to the rental property’s pet policies. Assistance animals, however, have housing accommodation rights under FHA.

Both ESAs and service animals are protected under FHA. Landlords must provide reasonable housing accommodations for individuals with disabilities. They must allow ESAs and service animals in housing, even if it has a “no pets‘ policy.

FHA Protections for Assistance Animals in Housing

Under the FHA, individuals with disabilities are protected from discrimination in housing. This includes the right to keep assistance animals, such as ESAs and Service Animals. They don’t have to pay standard pet fees, rent, or deposits for housing.

Any restrictions generally applied to pets do not apply to assistance animals. These include restrictions like weight limits or breed restrictions. To exercise housing rights, owners must show landlords a legitimate ESA letter.

A licensed mental health professional must issue the letter. However, service dog owners are not legally bound to show service dog letters under FHA. Service dogs are also not required by law to be registered or certified.

Common Housing Situations and Fees for Pets vs. Assistance Animals

Pet owners usually have to pay pet fees, pet rent, or pet deposit for rental property. These include apartments, condos, and rented houses. Landlords charge these fees to cover any potential damages caused by the pet.

Pet fees, rent, and deposits for apartments, condos, and houses vary by location and pet type. Landlords can legally request these fees for regular pets. They can’t ask for additional costs/fees for ESAs and service animals.

These animals have housing rights under the FHA, which exempts them from pet fees. The housing rights for ESAs and service animals apply to all types of rental properties, including apartments, condos, and houses.

Landlords can, however, ask for an ESA letter for Housing with verification purposes. They cannot require any documentation for a service animal.

FHA Protections for Assistance Animals in Housing

Under the FHA, both ESAs and service animals are exempt from housing pet fees. This means their owners don’t have to pay an extra fee when renting an apartment or a house. However, landlords may charge for any actual property damage caused by these animals.

If an ESA or service animal causes significant damage to walls or flooring, landlords can deduct the cost to repair this damage from the tenant’s standard security deposit. They can also bill the tenant directly if the cost exceeds the deposit.

Pet Fees for Travel with Assistance Animals

Regarding air travel, ESAs and service animals don’t have the same legal protections. ESAs used to have air travel rights under the Air Carrier Access Act (ACAA). However, with the DOT’s rules and ACAA changes, airlines now consider ESAs pets.

This means that individual airlines’ pet policies also apply to ESAs. This includes any extra pet fees the airline may charge per its policy. Most airlines now require extra fees for ESAs to travel in the cabin. They may also impose age, size, and weight restrictions for the cabin.

Service animals are considered working animals under the Air Carrier Access Act (ACAA). Therefore, they have air travel rights. They can travel in the cabin with their handler for free. Airlines cannot charge an extra fee for service animals.

Airline Pet Fees and Assistance Animal Policies

Pet fees for air travel with pets or ESAs vary depending on the airline, pet type, weight, size, and country. American Airlines charges a pet fee of $150 per carry-on kennel for travel within the US, Canada, Mexico, Central America, and the Caribbean.

Delta Airlines charges $95 for flights between the USA, Canada, Puerto Rico, and the Virgin Islands. The Delta Airlines pet fee is $200 for international travel to other countries.

However, under the ACAA, service animals and psychiatric service dogs are exempt from these fees. They can fly in the cabin with their owners for free.

Documentation Requirements for Traveling with ESAs and Service Animals

Airlines may ask for documentation when traveling with ESAs, depending on their pet policy. These documents can include ESA letters, vaccination records, and health certificates. These documents allow them to verify the animal’s health and behavior and confirm its status.

However, airlines cannot request proof of a service animal’s status. This includes documents like PSD letters or certificates. They may need a US DOT form that confirms the animal’s training, health, and behavior.

Public Access: Pet Fees and Assistance Animal Rights

The Americans with Disabilities Act (ADA) grants service animals and PSDs public access rights. This means these animals can go to all public places with their handlers. Authorities or management cannot deny them access or ask for extra fees.

However, the ADA treats ESAs as pets. Therefore, ESAs cannot go with their owners to public places where pets are not allowed. Depending on their pet policy, some public places may allow pets and ESAs for an additional pet fee.

ADA Public Access Rights for Service Animals

Under the ADA, service dogs and PSDs are permitted to enter most public spaces. They do not need to pay any additional fee. These include:

ESA Limitations in Public Access and Related Fees

The ADA considers ESAs to be pets. ESAs are not covered by ADA public access laws. Depending on their pet policy, their owners may have to pay extra fees in certain public places. Some public places may not allow pets and ESAs at all.

Legal and Financial Implications of Pet Fees and Deposits

Regarding housing, pet ownership comes with different types of pet fees. These include one-time, non-refundable pet fees, monthly pet rent, and a refundable pet deposit. While pet fees are legal, their amount and application must follow state and local laws.

Landlords must fully refund the pet deposit at the end of a lease agreement. They can only deduct an amount from the pet deposit if the pet causes severe damage to the property.

Are Pet Fees Refundable?

No. Pet fees are typically non-refundable. It’s typically a one-time charge to cover general pet-related expenses. These expenses usually include potential wear and tear that pets may cause and extra cleaning required due to a pet.

Are Pet Deposits Refundable?

Yes. Pet deposits are typically refundable. However, whether the tenet is refunded the full amount depends on the rental unit’s condition when the tenant moves out. If there is no pet-related damage, landlords refund the full pet deposit.

However, if pets cause severe damage to the property, the landlord can deduct the repair costs from the deposit.

Can Pet Fees and Deposits Be Deducted from Taxes?

No. The one-time pet fee paid for keeping a pet in a rental property is not tax-deductible. These fees are considered personal expenses and do not qualify as deductible expenses on tax returns. The same goes for pet deposits.

When it comes to assistance animals, service animals are tax deductible. Individuals can claim expenses related to acquiring, training, and maintaining a service animal as tax deductions if they meet specific criteria. Therapy animals and ESAs are not tax deductible.

Practical Tips on Pet Fees and Deposits for Landlords and Tenants

When it comes to pet fees and deposits, both landlords and tenants must agree on certain reasonable conditions. This helps ensure a successful pet-friendly rental experience and avoids disputes.

An understanding of legal obligations and ethical practices from both is also helpful. Here are some tips on pet fees for landlords and tenants:

Tips on Pet Fees for Landlords

If you’re allowing pets in your rental property, you must clearly outline pet policies in the lease agreement. These include specific fees, deposits, and any restrictions.

Setting fair costs is also essential if you’re charging a pet fee. You can research pet fees and deposits online or from the local rental market to set fair amounts.

Landlords may adjust pet fees depending on the size of the animal. For example, they may charge higher for larger pets as there is a higher risk of wear and tear. Conducting periodic inspections is also helpful. They help ensure that pets are not causing damage.

Landlords must refund the pet deposit when the tenant moves out. If they deduce any amount from the pet deposit, they must provide tenants with an itemized list of damages and associated costs.

It’s also essential to comply with the laws for housing for assistance animals. You cannot charge pet fees for ESAs and service animals under the FHA. You may ask for an ESA letter for ESAs, but you cannot ask for documentation for service animals.

Tips for Tenants on Handling Pet Fees and Deposits

Carefully read the lease documents. Pay attention to all pet-related clauses, including fees, deposits, and any restrictions. Be aware of the difference between pet fees, deposits, and rent.

Familiarize yourself with laws regarding pet fees and assistance animals. If you own an ESA or service animal, you’re legally exempt from pet fees for housing under the FHA. If the landlord asks for pet fees for an ESA or PSD, advocate for yourself.

How to Avoid Pet Fees Legally

You can legally avoid pet fees if you own an ESA or a service animal, not a standard pet. However, for ESAs, you need to get an ESA letter issued by a licensed mental health professional. You can show this letter to your landlord to waive pet fees.

No such document is required for service animals. Landlords cannot ask for any additional cost or documents for PSDs.

Using an ESA Letter for Housing to Waive Pet Fees

ESAs are protected under the FHA from housing discrimination. This means they can live with their owners even in housing with a ‘No Pet’ policy. Landlords cannot charge pet fees for ESAs. However, to get pet fees waived for your ESA, you need to have an ESA letter.

To get a valid ESA letter, you must first assess yourself with an LMHP. If the LMHP diagnoses you with a mental health condition like anxiety or PTSD, they’ll issue an ESA letter. 

What is an ESA Letter?

An ESA letter is a document that confirms that a person has a mental health disorder. It states that the presence of the ESA provides therapeutic benefits to the owner. Having an ESA letter is crucial to getting pet fees waived for housing.

How to Obtain an ESA Letter for Housing

Obtaining an ESA letter for housing is a simple process. You need to follow some basic steps to get an ESA letter. Here are the basic steps for obtaining an ESA letter:

1. You first need to get our pre-screening questionnaire. It will say if you are pre-qualified for an ESA or PSD Letter.
2. Then, we’ll connect you with a licensed mental health professional.
3. The LMHP will assess your mental health. If they diagnose you with a condition like PTSD or anxiety, they will issue an ESA os PSD letter.

Read more about how to get your ESA Letter.

Differences in Pet Fees for Various Assistance Animals

Pet fees vary significantly across different types of assistance animals. While ESAs, service animals, therapy animals, and comfort animals each provide valuable support, they are subject to different housing, travel, and public access rules.

Understanding these distinctions helps clarify when fees may or may not be required for each type of assistance animal.

Pet Fees for Emotional Support Animals

Under the Fair Housing Act (FHA), landlords cannot charge pet fees or deposits for ESAs. However, tenants must provide an ESA letter from an LMHP to qualify for this exemption. You may have to incur fees if the documentation is incorrect.

Pet Fees for Service Animals

The ADA and FHA provide clear protections that exempt service animals from pet fees in public access and housing settings. These exemptions ensure that individuals with disabilities don’t have to pay extra fees for their service animals.

Pet Fees for Companion and Therapy Animals

Companion and therapy animals don’t have the same legal protections as ESAs and service animals. Their owners usually have to incur standard pet fees.

Frequently Asked Questions about Pet Fees and Assistance Animals

Why Do Pet Fees Exist?

Pet fees provide financial security for property owners. They help cover property damage, cleaning, and increased maintenance caused by pets.

Is It Legal to Charge Pet Rent in Oklahoma?

Yes. It is legal for landlords in Oklahoma to charge pet rent. However, landlords must set a reasonable amount for pet rent. They cannot charge pet rent for ESAs and service animals.

Is It Legal to Charge Pet Rent in Ohio?

Yes. Landlords in Ohio can charge pet rent for standard pets. They cannot charge pet fees or rent for ESAs or service animals. These animals have legal protection under the FHA.

What Is the Pet Fee Law in California?

In California, landlords can charge a pet deposit or fee for standard pets. They must clearly outline any pet-related fees or deposits in the lease agreement. However, landlords cannot charge additional fees for service animals or ESAs.

Do I Have to Pay Pet Rent for an ESA?

No. ESAs are protected under the FHA from housing discrimination. This means landlords cannot charge a pet fee or rent for ESAs.

Conclusion: Navigating Pet Fees for ESAs and Service Animals

Pet owners often have to pay extra pet fees to keep their pets with them in a rental property. There are different types of pet fees in the context of housing. These include a one-time fee, monthly pet rent, and a refundable pet deposit.

Pet owners must also pay additional fees for air travel and public access. However, ESAs and service animal owners don’t have to pay additional fees for housing under the FHA.

Service animal owners can also fly with their animals in the cabin and take them to public places without any extra fee.