Pets and emotional support animals (ESAs) are increasingly common among tenants in California. While landlords have the right to set pet policies, they must also comply with federal and state fair housing laws when it comes to assistance animals. Confusion over what qualifies as a pet versus an ESA or service animal can lead to discrimination claims, legal disputes, and hefty penalties. Understanding how to navigate these situations lawfully is critical to protecting your rental property, maintaining compliance, and avoiding misunderstandings with tenants.
Know the Legal Difference Between Pets, ESAs, and Service Animals
Not all animals are considered pets under housing laws. Landlords must distinguish between pets, emotional support animals, and service animals, as each is treated differently under the law.
Pets
Pets are animals kept for companionship or recreation. Landlords have full discretion to allow or prohibit pets, charge pet rent or deposits, and set breed or size restrictions, as long as rules are applied equally and disclosed in the lease.
Emotional Support Animals (ESAs)
ESAs are animals that provide emotional or psychological support to individuals with mental health conditions. ESAs are not considered pets under the law. Landlords must make reasonable accommodations for tenants with valid ESA documentation, even in no-pet properties.
Service Animals
Service animals, typically dogs, are trained to perform specific tasks for individuals with disabilities (e.g., guiding the visually impaired or detecting seizures). These animals are protected under the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA) and cannot be denied or restricted.
Understand the Legal Requirements for ESAs
Under the Fair Housing Act and California’s Fair Employment and Housing Act, landlords must allow emotional support animals as a reasonable accommodation for a tenant’s disability, even if the property has a no-pet policy.
Key ESA rules for landlords:
- You cannot charge pet rent or a pet deposit for an ESA
- You may request documentation from a licensed health professional if the disability is not obvious
- You cannot ask for medical records or a diagnosis
- You must respond promptly to accommodation requests
- You may deny the request if the animal poses a direct threat to others or causes significant property damage
Landlords are not required to accommodate exotic or dangerous animals that are unreasonable for the type of property, such as large farm animals in small apartments.
When You Can Request Documentation
You may only request documentation for an ESA if the disability or need for the animal is not readily apparent. A valid ESA letter must come from a licensed mental health professional or medical provider who has a professional relationship with the tenant.
Acceptable documentation includes:
- A letter from a licensed therapist, psychologist, psychiatrist, or physician
- A written statement that the tenant has a mental health condition
- Confirmation that the animal is necessary to alleviate one or more symptoms of that condition
Online ESA certificates from non-medical “registries” without a therapeutic relationship may not meet legal standards. However, landlords must approach documentation requests cautiously to avoid claims of harassment or discrimination.
How to Handle Damage and Behavior Concerns
While landlords cannot collect pet fees or deposits for ESAs, they can hold tenants responsible for any damage caused by the animal. You may also take action if the animal creates a nuisance or safety risk.
You may enforce the lease if:
- The animal causes significant damage to the unit
- The animal is aggressive or threatens other tenants
- The tenant fails to clean up after the animal
- Noise from the animal becomes a repeated issue
In such cases, you should issue written warnings and give the tenant a chance to correct the problem. If the issue continues, and it poses a serious risk or breach of the lease, you may have legal grounds to seek removal of the animal or termination of tenancy—with documentation.
Writing a Compliant Pet and ESA Policy
To protect yourself and set clear expectations, include a detailed pet policy in your lease and a separate policy for assistance animals. These should clearly outline tenant responsibilities, expectations for behavior, and the process for submitting accommodation requests.
Your pet policy should include:
- Allowed pet types, sizes, and breeds (if applicable)
- Pet deposit or monthly pet rent (if permitted)
- Noise, leash, and waste cleanup rules
- Required vaccinations and licensing
Your ESA policy should include:
- A statement that you comply with fair housing laws
- The process for submitting an accommodation request
- The type of documentation required
- Conditions under which an ESA may be removed for behavior or safety issues
Always keep ESA documentation separate from other tenant files to maintain confidentiality.
Common Legal Mistakes to Avoid
Even well-intentioned landlords can make missteps that result in fair housing complaints or lawsuits. The following errors are some of the most common:
Mistakes to avoid:
- Treating ESAs as regular pets and charging deposits or rent
- Refusing a tenant’s ESA request without reviewing documentation
- Asking for medical diagnoses or private health information
- Ignoring or delaying responses to accommodation requests
- Setting blanket rules that exclude animals under all circumstances
Each of these missteps can result in discrimination claims filed with the California Civil Rights Department or HUD, leading to investigations, legal fees, and potential damages.
Communicating With Tenants About Pets and ESAs
Clear, respectful communication is key to preventing conflict and maintaining compliance. When a tenant inquires about keeping an ESA or requests a reasonable accommodation, respond promptly and professionally. Avoid emotional reactions or assumptions about the legitimacy of their request. Instead, follow a consistent process and provide written instructions.
Best practices include:
- Having a written accommodation request form available
- Setting clear timelines for review (typically 7–10 days)
- Responding in writing, whether granting or denying the request
- Keeping a record of all communications and documentation
The more organized and consistent you are, the more confident and protected you’ll be if a dispute arises.
Understanding your legal obligations when renting to tenants with pets or ESAs is a vital part of responsible property management in California. By following fair housing guidelines, documenting appropriately, and communicating clearly, you can create a balanced, compliant rental experience for both you and your tenants.