Glossary · Housing

Pet deposit

Pet deposits, pet fees and monthly pet rent are common in rentals. For a psychiatric service dog or other assistance animal, the rules are different.

  • Term Pet deposit
  • Also called Pet fee, pet rent, animal surcharge
  • Category Housing
Pet deposit, usaPsdletter.com Glossary · Housing

Why pet fees don't apply to PSDs

When a housing provider allows an assistance animal as a reasonable accommodation under the Fair Housing Act, the animal isn't treated as a pet. The HUD and DOJ joint statement on reasonable accommodations says housing providers may not require people with disabilities to pay extra fees or deposits as a condition of receiving an accommodation.

HUD's 2020 assistance animal notice said the same about deposits, fees and surcharges for assistance animals. In September 2025, HUD withdrew its 2020 assistance animal notice (FHEO-2020-01) and its 2013 notice, saying they should not be relied on as authoritative. The Fair Housing Act and HUD's reasonable accommodation regulation were not withdrawn. In May 2026, HUD's enforcement guidance withdrew the 2020 statement that no fees could be charged for untrained emotional support animals, so federal rules may now allow fees for them. Requests for trained task animals, including psychiatric service dogs, are treated as presumptively reasonable.

What you can still be charged

No-fee doesn't mean no responsibility. You remain responsible for the animal and for any damage it causes.

  • Repair costs for actual damage, if the provider charges other tenants for damage
  • Your general security deposit, which applies to every tenant
  • Local license and vaccination requirements, where they apply

Pet fees in hotels and public places

Under the ADA, businesses can't charge a person with a disability a surcharge for a service animal, even if they charge pet fees, and must waive pet deposits. A business that normally charges customers for damage may charge for damage a service animal causes.

The U.S. Department of Justice also says hotels can't charge a cleaning fee for shed hair or dander from a service animal, but may charge the usual fee for damage to a room.

If you're asked to pay anyway

Start with a polite written note explaining that your dog is an assistance animal approved as a reasonable accommodation, not a pet, and asking that the fee be removed or refunded. Attach or reference your accommodation approval.

If the provider refuses, you can contact your state or local fair housing agency or HUD's Office of Fair Housing and Equal Opportunity. Keep records of payments, emails and lease terms.

State law and your letter

Many states have their own rules. Florida's statute on emotional support animals in housing, for instance, says a person with an approved accommodation can't be charged extra for the animal and is liable for damage it causes.

A PSD letter can help support a housing accommodation request when your disability isn't obvious. It isn't a fee waiver form and can't guarantee any outcome, but it gives the provider the information it may reasonably request.

Pet deposit FAQ

Can my landlord charge monthly pet rent for my PSD?

Generally no. Pet rent is a form of pet fee, and housing providers may not require extra fees or deposits as a condition of an assistance animal accommodation.

Can a landlord charge me for damage my dog causes?

Yes, if they normally charge tenants for damage. You're responsible for the animal and any harm it causes.

Does the regular security deposit still apply?

Yes. A standard security deposit charged to all tenants isn't a pet fee.

Do hotels charge pet fees for service dogs?

Under the ADA, hotels can't charge pet fees or cleaning fees for a service animal, but can charge their usual damage fee.

Does this apply to emotional support animals too?

Not necessarily. HUD's May 2026 guidance says untrained ESAs aren't presumptively reasonable and withdrew the 2020 no-fee statement for them, so fees may be allowed federally. State law, like Florida's, may differ.

What if my landlord already charged a pet deposit?

You can ask in writing for a refund once your accommodation is approved. If you think your rights were violated, you can contact HUD or your state fair housing agency.

Sources

We cite government agencies, professional societies and peer-reviewed research. See our editorial policy.

  1. Joint Statement of HUD and DOJ: Reasonable Accommodations under the Fair Housing ActU.S. Department of Justice, Civil Rights Division
  2. ADA Requirements: Service AnimalsU.S. Department of Justice (ADA.gov)
  3. Frequently Asked Questions about Service Animals and the ADAU.S. Department of Justice (ADA.gov)
  4. Florida Statutes § 760.27 — Prohibited discrimination in housing; emotional support animalsFlorida Legislature
  5. Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents (April 6, 2026)Federal Register (HUD)
  6. Enforcement Guidance: Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act (May 22, 2026)U.S. Department of Housing and Urban Development

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