Original research · Updated September 24, 2026
ESA Pet Fee Index: Pet Deposits and Pet Rent in 33 States
In short
Once a landlord approves an emotional support animal as a reasonable accommodation under the federal Fair Housing Act, pet deposits and pet rent do not apply to it. For an ordinary pet, state law varies: 9 of the 33 states indexed allow a separate pet deposit on top of the security deposit, 2 cap monthly pet rent, and 11 set no deposit cap at all.
- states allow an extra pet deposit on top of the cap
- 9 of 33
- states cap monthly pet rent
- 2 of 33
- states set no security deposit cap
- 11 of 33
- states bar pet charges for an ESA in their own law
- 10 of 33
What can a landlord charge for a pet in each state?
The first four columns are the rules for an ordinary pet. The last is what the state's own law says about an ESA; the federal accommodation duty applies everywhere regardless.
Download the data: CSV · JSON. The ESA column comes from our ESA Housing Law Index. District of Columbia: the extra pet deposit (up to 15% of rent) and the pet rent cap come from D.C. Law 25-308 and apply from October 1, 2026, under an emergency act; before then a pet deposit sits inside the one-month cap.
What does an approved ESA change about these charges?
Everything in the first four columns is the price of keeping a pet. An emotional support animal approved as a reasonable accommodation under the federal Fair Housing Act is not a pet, so the pet deposit, any pet fee and monthly pet rent stop applying to it. What stays is the ordinary security deposit every tenant pays, and your liability for real damage the animal causes. Some states write that exemption into their own law as well, which the last column shows; where a state does not, the federal duty still does the work.
How did we build the index?
Every value comes from the statute research behind our 33 state guides, checked against the text on each state's own legislature or agency site. We did not use listing surveys: rents and pet charges vary building by building, and an average would look more precise than it is. Where our research does not settle a rule, the cell says Not yet verified. Deposit caps often carry conditions (furnished units, older tenants, rent above a threshold); hover a cell, or use the downloads, for the one-line reading behind each answer.
How do you stop paying pet charges for an ESA?
The exemption turns on a reasonable accommodation request backed by reliable documentation of a disability-related need. In practice that means a letter from a licensed provider who has evaluated you. A therapist you already see may write one, though many practices do not write housing letters and appointments can take weeks. A free or low-cost clinic is possible but often slower still. A licensed evaluation that ends in a letter written for your state is the most direct route when a lease or a pet charge has a date on it.
Common questions
Can a landlord charge a pet deposit for an emotional support animal?
Not once the animal is approved as a reasonable accommodation under the federal Fair Housing Act: it is an assistance animal, not a pet, so pet deposits, pet fees and pet rent do not apply to it. The landlord can still charge the ordinary security deposit every tenant pays, and you remain liable for damage the animal actually causes.
Why does this index show pet deposit caps if an ESA is exempt?
Because the exemption only starts once the request is approved. Until then you are quoted the pet price, and knowing what state law allows for a pet tells you what an approved accommodation saves you and whether a charge you were quoted was lawful even for a pet.
What does "counts inside the cap" mean?
The state caps the total security deposit, and any pet deposit is part of that total rather than an extra amount on top. A landlord can still ask for a pet deposit, but the combined deposit cannot exceed the cap.
Can I reuse this data?
Yes. Download the CSV or JSON below and cite "Support Animal, ESA Pet Fee Index" with a link to this page. Every value carries the statute cite and the source it was checked against.
Want to price your own situation? The ESA pet rent calculator totals what pet charges cost over a lease.
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