Can a Landlord Charge A Pet Deposit or Pet Fee For Assistance Animals

Can a Landlord Charge A Pet Deposit or Pet Fee For Assistance Animals

March 24, 20254 min read

Can a Landlord Charge a Pet Deposit or Pet Fee for Assistance Animals in Florida?

If you're renting in Florida and you're considering bringing an assistance animal (such as a service dog or emotional support animal) into your rental property, you might have questions about what charges your landlord can apply. One common question is whether a landlord can charge a pet deposit or pet fee for these animals. Understanding your rights as a tenant is crucial, and knowing the answer could help you avoid unnecessary costs or conflicts. Let’s take a closer look!

What is an Assistance Animal?

In Florida, as in other states, assistance animals include service animals (trained to assist individuals with disabilities) and emotional support animals (prescribed by a healthcare provider to help with mental health issues like anxiety or depression). These animals are protected under federal laws such as the Fair Housing Act (FHA), which ensures that individuals with disabilities have equal access to housing, including the right to live with their assistance animals.

Can Landlords Charge a Pet Deposit or Pet Fee for Assistance Animals?

The simple answer is no—landlords cannot charge a pet deposit or pet fee for assistance animals. Under the Fair Housing Act, these animals are considered a necessary part of an individual’s disability accommodation. Charging a pet fee or deposit would be discriminatory and is prohibited.

However, there are a few important exceptions and points to consider:

  • Damage Beyond Normal Wear and Tear: While a landlord cannot charge a pet deposit for an assistance animal, they may charge for damages caused by the animal that go beyond normal wear and tear. For example, if your assistance animal damages the carpet or walls, the landlord could deduct from your security deposit to cover the repairs. The key here is that the damage must be specifically tied to the animal’s actions.

  • Documentation Requirement: Landlords can ask for documentation to verify the need for the assistance animal, but they cannot ask for medical records or details about the tenant’s disability. A simple letter from a healthcare professional is usually sufficient.

Florida’s Fair Housing Laws and Assistance Animals

Florida follows the federal guidelines set forth by the Fair Housing Act, and the state has additional protections in place. Under these laws, landlords must provide reasonable accommodations to tenants with disabilities, which includes allowing assistance animals. This means that even if the property has a no-pets policy, a tenant with a disability cannot be prohibited from having an assistance animal.

What About Emotional Support Animals?

Emotional support animals are a bit more complicated than service animals. While service animals are trained to perform specific tasks related to the tenant's disability, emotional support animals do not have to be trained. However, the same protections apply under the Fair Housing Act, meaning a landlord cannot charge a pet fee or deposit for an emotional support animal. Landlords may, however, request documentation from a licensed healthcare provider to confirm the need for the animal.

Why Choose Primo Property Management for Your Real Estate and Property Management Needs?

Navigating landlord-tenant laws can be tricky, but with Primo Property Management, you can trust that you’re getting the best advice and support for your real estate and property management needs. Whether you're a tenant or a property owner, we offer expert guidance on everything from assistance animals to managing your property efficiently.

With years of experience in the Florida real estate market, we’re here to ensure a smooth and hassle-free rental experience. Our team has been helping residents and property owners in Florida since 2018, and we pride ourselves on providing reliable, professional service. If you're looking for help with real estate or property management, look no further than Primo Property Management!

Give us a call at 561-305-2280 to learn more about our services or visit our website at www.flprimomanagement.com. We’re always ready to assist you!

Additionally, if you’re looking for a trusted resource in real estate services, don’t forget to check out www.CRES360Realty.com for more information on real estate opportunities in Florida.

In Conclusion

When it comes to assistance animals, Florida law is clear: landlords cannot charge pet fees or deposits for these animals. However, tenants should be aware of their responsibilities and the potential for charges if the animal causes property damage. At Primo Property Management, we're here to help with all your property management needs, ensuring that both tenants and property owners have a smooth experience. Don't hesitate to reach out to us at 561-305-2280, and make sure to visit our website at www.flprimomanagement.com for all your real estate needs.

For more details about Florida real estate and property management services, visit www.CRES360Realty.com today!


If you have any questions about how to navigate assistance animals or pet-related policies in your rental, or if you're looking for assistance with property management, don’t hesitate to contact Primo Property Management. We’re here to help make your experience as stress-free as possible!

CEO of Primo Property management

Jimmy Tassi

CEO of Primo Property management

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