Can my landlord charge a pet deposit for my service animal or ESA?
No. Under the Fair Housing Act, landlords cannot charge pet deposits, pet rent, or any pet-related fee for service animals or emotional support animals. These animals are not "pets" under the law — they are disability accommodations.
This is one of the most commonly violated rules in housing. Landlords who allow pets with a pet deposit often try to apply the same deposit to service animals and ESAs. That's illegal. A service animal or ESA is a reasonable accommodation for a disability, not a pet.
The prohibition covers all pet-related charges: pet deposits, monthly pet rent, one-time pet fees, additional security deposits for the animal, and "cleaning deposits" for the animal. Your landlord cannot require any of these.
However — and this is important — you are still responsible for any damage your animal causes. If your service dog chews the baseboards or your ESA cat scratches the doors, the landlord can deduct reasonable repair costs from your regular security deposit. The protection is against upfront fees, not against damage liability.
How This Works State by State
The rules vary depending on where you live. Here's how the biggest states handle it.
Under Cal. Civ. Code § 54.1, California landlords cannot charge any pet deposit or fee for service animals or ESAs.
Under federal law (42 U.S.C. § 3604) applied in Texas, no pet deposit can be charged for service animals or ESAs. Tenants remain liable for damage.
Under N.Y. Exec. Law § 296, no pet deposit can be charged for service animals or ESAs in New York, consistent with the one-month deposit cap.
Under Fla. Stat. § 760.27, Florida landlords cannot charge pet deposits for service animals or ESAs. Violations are fair housing complaints.
Under 775 ILCS 5/3-102, Illinois landlords cannot charge pet deposits for service animals or ESAs.
| State | Rule | Statute |
|---|---|---|
| California | California explicitly prohibits pet deposits for service animals and ESAs. All deposits in CA are legally refundable, and landlords cannot create separate "pet deposits" for assistance animals. | Cal. Civ. Code § 54.1; Cal. Civ. Code § 1950.5 |
| Texas | Texas follows federal Fair Housing requirements. No pet deposits for service animals or ESAs. The tenant remains liable for actual damage the animal causes. | 42 U.S.C. § 3604; HUD guidance |
| New York | New York prohibits pet fees for service animals and ESAs. With deposits capped at one month's rent, no additional amount can be collected for assistance animals. | N.Y. Gen. Oblig. Law § 7-108; N.Y. Exec. Law § 296 |
| Florida | Florida prohibits pet deposits for service animals and ESAs under both state and federal law. Landlords who charge such deposits face fair housing complaints. | Fla. Stat. § 760.27; 42 U.S.C. § 3604 |
| Illinois | Illinois prohibits pet deposits for assistance animals. The Human Rights Act and federal law both protect against pet-related charges for service animals and ESAs. | 775 ILCS 5/3-102; 42 U.S.C. § 3604 |
●Frequently Asked Questions
Frequently Asked Questions
Can my landlord charge a pet deposit for my service animal or ESA?
No. Under the Fair Housing Act, landlords cannot charge pet deposits, pet rent, or any pet-related fee for service animals or emotional support animals. These animals are not "pets" under the law — they are disability accommodations.
Can my landlord charge me for carpet replacement?
Your landlord can only charge you for carpet damage beyond normal wear and tear. Worn paths, minor stains from regular use, and fading are normal wear — not your responsibility. Large burns, pet damage, or deep stains from negligence are deductible.
Can my landlord charge me for painting after I move out?
Generally no — repainting between tenants is considered routine maintenance, not tenant damage. Landlords can only charge you for painting if you caused damage beyond normal wear, like crayon drawings, smoke staining, or unauthorized bold paint colors.
Can my landlord keep my deposit for cleaning?
Your landlord can deduct cleaning costs only if you left the unit dirtier than when you moved in, beyond normal wear. They cannot charge for routine turnover cleaning that happens between every tenant.
12 tools to protect your money. $3/mo →
DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.