What to Know About Renting to Tenants with Service Animals

Key Takeaways

• Service Animals Are Not Pets – Under housing law, service animals and emotional support animals (ESAs) must be accommodated, and landlords cannot impose pet fees, deposits, or breed/weight restrictions.
• Landlord Rights Still Apply – While landlords must allow service animals, they may hold tenants accountable for any property damage or disruptive behavior caused by the animal.
• Clear Policies and Compliance Are Crucial – Written lease policies, proper staff training, and staying current on housing laws help landlords remain compliant, protect property, and maintain positive tenant relationships.

Owning and managing a rental property involves juggling numerous responsibilities, and one area that can invite uncertainty is accommodating tenants with service animals. Between evolving legal obligations, emotional nuances, and property protection, it’s vital to approach the subject with knowledge, empathy, and practical policies.

Brentwood Square Management Services is here to help. Keep reading to learn the basics of renting to tenants with service animals.

Service Animals vs. Emotional Support Animals

Service animals are specifically trained to perform tasks tailored to a tenant’s disability. These might include alerting someone to a drop in blood sugar, guiding someone who is visually impaired, or even preventing injury during a seizure.

These animals, typically dogs, are not classified as pets under housing law, they are trained companions fulfilling required medical or safety needs.

On the other hand, emotional support animals (ESAs) or therapy companions offer comfort and emotional benefit but lack specialized task training. While local laws may treat them differently, federal housing laws state that ESAs must be accommodated similarly to service animals.

Your Rights and Responsibilities

If a tenant qualifies under the criteria, such as having a documented disability that significantly limits a major life activity, and provides medical documentation supporting the necessity of an assistance animal, you must generally allow the animal in both the unit and common areas.

Stricter “no-pets” policies cannot be enforced in these circumstances. Additionally, you cannot charge pet deposits or fees, apply breed or weight restrictions, or enforce pet rent for these animals.

Nevertheless, landlords retain rights to ensure safety and property preservation. You may hold tenants responsible for property damage caused by their assistance animal. If the animal is disruptive or dangerous, you can take appropriate actions, including warnings or eviction, just as you would for any tenant-caused disturbances or damages.

When and What You’re Allowed to Ask

While it’s valid to determine whether an animal is a service animal, privacy protections strictly limit what you can inquire about regarding a tenant’s disability. You may only ask:

• Whether the tenant has a disability.
• Whether the animal is required to assist with that disability.

Requests for further documentation, such as detailed medical records, training certifications, or specifics about the disability, are not permitted under the Americans with Disabilities Act.

That said, housing law interpretations sometimes allow for medical documentation that the animal is necessary due to a disability. The distinction can be subtle, and state or local laws may vary slightly, so it’s wise to consult legal guidance tailored to your area.

Setting Clear, Fair Policies

Clear, written policies are your best tool for setting expectations and avoiding confusion. In your lease or tenant communications, make sure to include an acknowledgment that the property complies with federal law by allowing service animals, along with a clear explanation that no pet deposits or fees will be collected.

It’s also important to outline a protocol for reporting damages so responsibilities are transparent, as well as provide guidance on maintaining cleanliness and preventing health concerns, such as requiring tenants to control fleas and ensure vaccinations are up to date.

Protecting Property While Remaining Compliant

Often, landlords worry about property damage or unexpected charges. Good practices include:

• Charging tenants for actual repair costs if the service animal causes damage, even though you cannot impose a pet deposit.
• Ensuring tenants understand that leaving behind a forwarding address or accounting for damages remains their responsibility.
• Maintaining reasonable expectations; most trained animals are well-behaved, but reinforcing accountability helps safeguard your investment.

Numbers, Ownership, and Exemptions

What if a tenant needs more than one service animal? Generally, landlords should provide reasonable accommodation for each animal that’s medically necessary. If documentation supports multiple animals, limiting the number solely based on pet policies may not be defensible.

Some small owner-occupied buildings (for example, with four units or fewer where the landlord lives in one unit) may be exempt from certain FHA obligations. However, even if federal law does not apply, many local or state anti-discrimination laws still might. It is crucial to verify your jurisdiction’s rules before refusing any request.

Putting the Guidelines into Practice

Consider these steps for integrating service-animal policy into your rental operations:

• Review your lease templates and add or revise language that speaks directly to service animals and ESAs, clearly communicating that they are not treated as pets and that no related fees apply.
• Train your team or yourself to ask only permitted questions. Focus on whether a disability exists and whether the animal performs needed assistance, not on asking for details or documentation that exceeds legal allowance.
• Respond promptly and respectfully to tenant requests. Acknowledge receipt and communicate what (if any) documentation is acceptable.
• Document property conditions and damages carefully. Use photos, inspection forms, and repair invoices to justify any charges to the tenant for animal-related damage.
• Stay informed of updates in laws affecting housing and disability rights. As societal understanding grows, regulations may evolve.
• Seek expert support when needed. Whether from legal counsel, local housing authorities, or a property management partner, the extra layer of professional guidance helps you cost-effectively manage risk and ensure fair treatment.

Bottom Line

Renting to tenants with service animals doesn’t have to be daunting. Understanding your legal responsibilities, setting clear and compassionate policies, and ensuring you respond respectfully and effectively are key. .

In all of this, remember: you don’t have to go it alone. A property management company with experience in fair housing compliance can offer guidance, reduce conflict, and reinforce consistency to protect your investment and support tenant needs. If you need more assistance, contact Brentwood Square Management Services today.