Frequently Asked Questions
Can My Landlord Refuse My Request for an Emotional Support Animal?
No. Apartments and condominiums with no-pet policies are required to accept dogs and cats that are categorized as emotional support animals. By law, a landlord must accept your ESA unless the animal is dangerous or destructive. As an aside, the law doesn’t apply to single family homes that are rented by an owner without a realtor.
What Proof Must I Give to My Landlord About My Emotional Support Animal?
You are required to give your landlord a letter from a medical professional indicating that you require an emotional support animal. Health & Safety Code §122318(a). California law does require that the medical professional must be licensed in California, and in their letter they must include their license number, effective date, the jurisdiction where they are licensed, and the type of license they hold. California law also requires that the tenant have had a relationship for at least a month with the medical provider before receiving the letter. BE CAREFUL: Only an ESA requires a letter from a medical professional. By stark contrast, a tenant does not require such a letter for a service dog.
What if I Don’t Get a Letter from a Medical Professional Authorizing an Emotional Support Animal until after I move my dog into my Apartment?
It is not unusual for tenants to sneak their pet into their new apartment before getting a letter from a medical professional authorizing them to have an emotional support animal. Sometimes people get the feeling that a landlord won’t rent to them if they tell them about their pet. If you move an animal in without telling your landlord, and your landlord finds out about your pet, they can demand that you produce proof that you need the animal, or to get rid of it. So long as you subsequently get a letter from a medical professional confirming that you need the emotional support animal, then you can keep the animal in your apartment. Although it’s preferred that you tell the landlord before moving the pet into your unit that you want to have a pet live with you, you don’t automatically lose the right to keep your pet simply because you did not disclose it. The issue is not “when” the pet was discovered, but whether a medical professional has confirmed that you need the emotional support animal.
Can my landlord demand that I remove my dog from my unit because it barks and upsets other tenants?
A landlord cannot demand that you remove your dog simply because it barks. A landlord is required to reasonably accommodate your animal. The key word is “reasonably” accommodate. If you have a hound dog that barks day-and-night, then a landlord would certainly be within his right to ask you to correct the problem. He might require you to install an anti-barking device for your dog. This wouldn’t be an unreasonable request. If your dog barks incessantly, then you are required to compromise, and help alleviate the problem. Although you might not approve of such noise cancellation devices, a court would require it. A landlord could also request that your dog be trained, to help it stop barking. In short, an emotional support animal is a two-way street: both sides have to work together if there is a problem. However, that’s not to say that landlords always get what they want. If your dog occasionally barks, but nothing out of the ordinary, then your landlord cannot demand silence from your dog. If you feel that your landlord is unreasonable claiming that your dog barks out of control, it would be very helpful for you to set up a camera in your unit, to film your dog while you are gone. This type of evidence is extremely persuasive, and can rebut the claim that your dog barks out-of-control.
Can I Be Evicted for Having a Service Animal or ESA?
No. By law, a landlord must accommodate someone who has a service animal or an ESA. This is true even if the landlord has a no pets policy. A landlord is required to waive its no pets policy to accommodate a disabled person in need of a service animal or ESA. A tenant in need of a service animal or ESA need only supply proof that the tenant is disabled and that their animal is a service animal or is an emotional support animal. A service dog does not have to receive a certificate or formalized training to be a service dog. Likewise, an emotional support animal does not have to be trained. It is a violation of federal law for a landlord to attempt to evict someone who has a service animal or emotional support animal.
How much time must I wait for my apartment manager to accept my emotional support animal?
Under federal law, the landlord must respond to an emotional support animal request within a “reasonable” time, but not more than ten days.
Can my landlord require me to take my emotional support animal to work each day?
No. This is typically a cheap trick by landlords to punish people who have emotional support animals. It is not uncommon for landlords to say, “If you need an emotional support animal, then you need him while you are at work.” Wrong. You are free to leave your emotional support animal at home. If the landlord keeps harassing you about bringing your emotional support animal to work, then he is violating the law. You are not required to bring your emotional service dog to work each day.
Is it legal for my landlord to increase my security deposit to cover my animal?
No. A landlord is not allowed to increase your security deposit if you get an emotional support animal or service dog.
When can my landlord require me to get rid of my emotional support animal or service dog?
Only in rare situations can a landlord refuse to allow an ESA or service dog. Those situations include the following:
- The complex has four or fewer units, and the landlord lives in one unit, or the rental is a single family home. The law doesn’t apply to these types of units.
- Your animal attacks another resident or animal with no justification.
- The animal is too large for the unit.
- The animal causes damage or a financial hardship to the landlord.
What must a service dog be able to do in order to qualify as a service dog
A dog merely has to provide actual service to a person in order to be classified as a service dog. The service must be related to that person’s disability.
Can my landlord demand written proof that a service dog is necessary?
No. The landlord cannot require a document to prove the need for a service dog. One court stated, “The public accommodation is expressly prohibited from “requiring documentation, such as proof that the animal has been certified, trained, or licensed as a service dog.”
What can a landlord demand to know about a service dog?
The landlord can ask two questions of a person who wishes to use a service dog:
- Is the animal required because of a disability?
- What work or task the service dog has been trained to perform.
Can my landlord refuse to accept an ESA or a service dog because he is afraid of getting fleas in the unit?
No. One court ruled that the landlord’s general concerns with an animal getting fleas and safety of other residents did not rebut the reasonableness of the requested accommodation.
Can My Landlord Limit the Number of Emotional Support Animals?
Yes and No. So long as your place is large enough to have more than one emotional support animal, then your landlord must allow it. However, there is a limit.
Is There a Difference Between a Service Animal and An Emotional Support Animal?
Yes. Both are permitted by law. A service dog may perform various functions for a disabled person, to help make their lives easier. By contrast, an ESA is not required to perform tasks to help a disabled person. Rather, their mere presence gives a disabled person comfort, so they are admissible. The mere fact that an animal brings peace and satisfaction to a person who suffers emotional distress, is grounds to permit such animal to act as an emotional support animal.
What Animals Can Act As Service Animals?
Virtually any animal within reason can act as a service animals. Courts have approved of birds, cats, and dogs as emotional support animals.
Can My Landlord Increase My Security Deposit Because of My Service Animal or ESA?
No. It would be a violation of federal law for a landlord to increase your security deposit due to you requesting a service animal or an ESA.
Does My Service Animal Have to Be Specially Trained Before I Can Use It?
No. Although a service animal must be trained to perform a task, the law does not require a service animal to be officially trained or certified. The tenant may train their animal on their own. There is no need that the animal be officially certified.
Can My Landlord Refuse My Emotional Support Animal?
No. Apartments and condominiums with no-pet policies are required to accept dogs and cats that are categorized as emotional support animals (ESAs). By law, a landlord must accept your ESA unless the animal is dangerous or destructive. As an aside, the law doesn’t apply to single family homes that are rented by an owner without a realtor.
What Proof Must I Give to My Landlord About My Emotional Support Animal?
You are required to give your landlord a letter from a medical professional, indicating that you require an emotional support animal. A landlord cannot refuse the letter because he thinks that the medical professional is an “internet” doctor, or he thinks the letter is a fake. So long as a medical professional actually spoke with you, and reached a decision that you need an ESA, the letter is legally sufficient. This is true even if the medical professional was hired off the internet, and never met with you in person.
What if I Don’t Get a Letter from a Medical Professional Authorizing an Emotional Support Animal until after I move my dog into my Apartment?
It’s not unusual for tenants to sneak their pet into their new apartment before getting a letter from a medical professional authorizing them to have an emotional support animal. Sometimes people get the feeling that a landlord won’t rent to them if they tell them about their pet. If you move an animal in without telling your landlord, and your landlord finds out about your pet, they can demand that you produce proof that you need the animal, or to get rid of it. So long as you subsequently get a letter from a medical professional confirming that you need an ESA, then you can keep the animal in your apartment. Although it’s preferred that you tell the landlord before moving the pet into your unit that you want to have a pet live with you, you don’t automatically lose the right to keep your pet simply because you did not disclose it. The issue is not “when” the pet was discovered, but whether a medical professional has confirmed that you need the ESA.
Can my landlord demand that I remove my dog from my unit because it barks and upsets other tenants?
A landlord cannot demand that you remove your dog simply because it barks. A landlord is required to reasonably accommodate your animal. The key word is “reasonably” accommodate. If you have a hound dog that barks day-and-night, then a landlord would certainly be within his right to ask you to correct the problem. He might require you to install an anti-barking device for your dog. This wouldn’t be an unreasonable request. If your dog barks incessantly, then you are required to compromise, and help alleviate the problem. Although you might not approve of such noise cancellation devices, a court would require it. A landlord could also request that your dog be trained, to help it stop barking. In short, an ESA is a two-way street: both sides have to work together if there is a problem. However, that’s not to say that landlords always get what they want. If your dog occasionally barks, but nothing out of the ordinary, then your landlord cannot demand silence from your dog. If you feel that your landlord is unreasonable claiming that your dog barks out of control, it would be very helpful to you to set up a camera in your unit, to film your dog while you are gone. This type of evidence is extremely persuasive, and can rebut the claim that your dog barks out-of-control.
Can my landlord ask me about my disability?
No. Although you are required to state that you need an ESA or a service animal due to a disability, your landlord is not allowed to ask why you need an emotional support animal, and what particular disability you suffer from which requires an emotional support animal. That is private information that your landlord is not entitled to learn.
Does my emotional support animal have to be trained?
No. You are not required to have your emotional support animal trained before moving it into your apartment. So long as a medical professional or therapist says that it is necessary for your emotional health, then your pet can live with you. No training required.
Is it legal for my landlord to increase my security deposit to cover my animal?
No. A landlord is not allowed to increase your security deposit if you get an emotional support animal.
If my dog attacks someone, can my landlord require that I get rid of it?
Typically, yes. If your dog attacks someone, you would almost certainly be required to remove the dog.