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Key Takeaways
Service Animals Are Not Pets: “No pets” policies, pet fees, and breed or size restrictions do not apply to service animals or emotional support animals.
Limited Legal Questions: Landlords may only ask if the animal is needed due to a disability and what tasks it performs. Documentation is only required for emotional support animals.
Equal Access Rights: Service animals must be allowed in all areas the tenant can access, and reasonable accommodations are legally required.
Stay Compliant with Records and Training: Clear addendums, proper documentation, and staff/vendor training help landlords manage service animals safely and maintain fair housing compliance
Navigating rental rules can be complicated when it comes to renting to tenants with pets, and service animals add another layer of considerations.
As a property owner, you might have questions about what the law allows: Can you deny a service animal? Are fees permitted? How does it work with emotional support animals?
In this guide from KRS Property Management we’ll break it down in plain, easy-to-understand terms.
How do Service Animal Differ From Pets
It is important to distinguish service animals from pets. Under the Americans with Disabilities Act (ADA), a service animal is typically a dog—or in some cases, a miniature horse—that has been individually trained to perform specific tasks that assist a person with a disability.
Examples include guiding individuals with visual impairments or providing support during anxiety or panic episodes.Emotional support animals (ESAs), on the other hand, are not considered service animals because they are not trained to perform specific tasks.
However, under the Fair Housing Act, ESAs may still be recognized as necessary for individuals with disabilities, requiring reasonable accommodations from property owners.
As a result, standard “no pets” policies do not apply to service animals or ESAs. The U.S. The Department of Housing and Urban Development (HUD) explicitly requires landlords to make reasonable accommodations for both categories.
No Pet Fees—No Exceptions
Because service animals and emotional support animals are not considered pets, landlords are prohibited from charging various additional fees.
Such as:
Pet rent
Pet deposits
Breed or weight restrictions
Landlords may require tenants to cover the cost of any actual damage caused by the animal, but they cannot impose a pet deposit as a precautionary measure.
Additionally, tenants cannot be denied based on the size, breed, or appearance of their service or support animal. Legal protections apply to the animal because of its function, not its physical characteristics.
What Landlords Can Legally Ask
If a tenant’s disability is not readily apparent, landlords may ask only the following two questions regarding a service animal:
Is the animal necessary because of a disability?
What specific task has the animal been trained to perform?
Landlords may not request medical documentation, certification, or proof of training. Most states, including North Carolina, adhere to these ADA guidelines.
For emotional support animals, landlords are permitted to request documentation, such as a letter from a licensed healthcare provider, confirming the tenant’s need for the animal. However, a request cannot be denied solely because the landlord is unfamiliar with the concept or type of animal.
Access Rights for Service Animals
Some landlords may attempt to restrict where service animals can go, but this is not permitted. If a tenant has access to a particular area—such as a laundry room, hallway, or outdoor space—the service animal must be allowed in the same areas.
Landlords cannot require service animals to wear a vest, ID badge, or other identification, as this is not mandated by law. As long as the animal is under control and not causing disruptions, it is entitled to the same access rights as the tenant it assists.
When You Are Allowed to Say No
You cannot reject a tenant because you dislike dogs. But there are a few cases where saying “no” is allowed.
You can deny a service animal or ESA if:
The animal has a proven history of aggression
The request causes significant financial or safety issues
The animal is clearly out of control, and the tenant is not doing anything about it
For example, if a service dog bites another tenant or destroys property repeatedly, that is a valid reason for denial. But you need clear documentation—assumptions are not enough.
This ADA National Network guide helps explain how to handle such situations safely and legally.
Use a Simple Addendum to Set Expectations
While a standard pet agreement cannot be used, landlords may create a brief service animal addendum to clarify expectations. This addendum can address:
Responsibilities for cleaning up after the animal
Maintaining control of the animal at all times
Tenant responsibility for any damage caused by the animal
Although not legally required, a service animal addendum can help establish clear guidelines and prevent misunderstandings. It is essential, however, that the document does not include pet fees or any terms that would violate fair housing laws.
Keep Good Records and Photos
You want to protect yourself without stepping over legal lines. Start with documentation.
Keep track of:
Emails or messages about the request
The tenant’s answers to your two legal questions
Photos of the property before move-in
Notes about any animal-related damage
Good records matter—especially if someone files a Fair Housing complaint. You want to show that you followed the law step by step.
Train Your Team and Vendors
Proper training for staff and service providers is an often-overlooked aspect of managing service animals.
Even casual or seemingly minor interactions—such as a leasing agent asking a tenant about a medical condition or a landscaper telling a service animal to stay off the grass—can create legal liability.
If you manage multiple properties or work with a team, it is important to educate everyone involved. Ensure that all staff and vendors understand what is permissible when interacting with tenants who have service or support animals and what actions or statements to avoid.
Ensure clear communication with tenants and vendors to avoid any misunderstanding or disagreements.
Final Thoughts
Service animals are not optional for tenants who rely on them. And as a landlord, your job is not to question the disability. It is to provide fair access and set reasonable expectations for all residents.
As long as you follow the rules, keep documentation, and handle requests professionally, you will be in good shape.
Want to worry less about compliance and legal headaches? Hiring a trusted property manager is one of the best moves you can make. Let KRS Property Management help you protect your investment and your reputation.