Can You Charge a Pet Deposit for a Service Animal or ESA in Florida? (2026)

An applicant loves the place, then adds one line: “By the way, my dog is a service animal, so I should not have to pay the pet fee.” Can you still charge a deposit? For most Florida owners the honest answer is no, and getting it wrong is one of the fastest ways to draw a Fair Housing complaint. Here is exactly what the law says about charging a pet deposit for a service animal or an emotional support animal in Florida, and what you can do instead.

The quick answer

You cannot charge a pet fee, a pet deposit, or monthly pet rent for a service animal or an emotional support animal. Under the federal Fair Housing Act and Florida Statute 760.27, these are treated as assistance animals, not pets, so the usual pet charges and no-pet or breed rules do not apply. You can still hold the tenant responsible for any actual damage the animal causes.

Service animal vs emotional support animal vs pet

• Service animal: usually a dog that is trained to do specific work or tasks for a person with a disability. Covered by the ADA and, in Florida, defined in Statute 413.08.
• Emotional support animal (ESA): an animal that does not need training and helps by its presence, easing symptoms of a person’s disability. Covered in Florida by Statute 760.27.
• Pet: an animal that is neither of the above. Pet fees, deposits, and pet rent are fine for a true pet. See our guide to pet fees, deposits, and pet rent.

The key point: a service animal and an ESA are not pets in the eyes of the law, so they do not get charged like pets.

Can you charge a deposit or fee? No.

Florida law says a person with a disability who needs an assistance animal may not be required to pay extra compensation for that animal. That covers a one-time pet fee, a refundable pet deposit, and monthly pet rent. Your no-pet policy, breed bans, weight limits, and pet count limits also do not apply to an assistance animal. What does still apply: the tenant is fully liable for any damage the animal does to the unit or to other people, so your normal security deposit and lease terms still protect you there.

What you can and cannot ask for

Florida gives owners a clear, limited set of moves. If the disability or the need is not obvious, you may ask for reliable supporting information. You can:

• Request reliable information that the person has a disability, such as documentation from a government agency or a health care provider who has personal knowledge of the person.
• Request reliable information supporting the need for that specific animal.
• Ask about each animal if the tenant requests more than one.
• Require proof of local licensing and vaccination.
• Deny the request if the specific animal is a direct threat to safety or would cause property damage that cannot be reduced another way.

You cannot ask for the person’s diagnosis, the severity of the condition, or medical records. You cannot require a specific form or a notarized letter, and you cannot deny the request just because the tenant did not use your form. One more thing owners get wrong: an online ESA certificate or registration card, by itself, is not enough proof under Florida law.

Service animals: even fewer questions

For a trained service animal, the rules are tighter. You generally may ask only two things: is the animal required because of a disability, and what work or task has it been trained to perform. You cannot demand documentation, ask about the disability, or charge any fee. Florida service animals are covered under Statute 413.08, separate from the ESA rules.

What owners should do

• Have a simple written process for handling reasonable-accommodation requests, and apply it the same way every time.
• When the need is not obvious, request the supporting information the law allows, and nothing more.
• Never charge a pet fee, deposit, or pet rent for an assistance animal.
• Keep your standard damage and liability terms in the lease so you are covered for real harm.
• When a request is unclear or you are unsure, get a property manager or attorney involved before you say no.

Frequently asked questions

Can a landlord charge a pet deposit for a service animal in Florida?

No. A service animal is not a pet, so you cannot charge a pet deposit, pet fee, or pet rent. You can still hold the tenant responsible for any damage the animal causes.

Can you charge a pet fee for an emotional support animal?

No. Under Florida Statute 760.27, a tenant with a disability-related need for an ESA cannot be required to pay extra compensation for the animal, including deposits, fees, or pet rent.

Can I ask for proof that an animal is an ESA?

If the disability or the need is not obvious, yes, you can request reliable supporting information from a provider with personal knowledge of the person. You cannot ask for a diagnosis or medical records, and an internet ESA certificate alone is not enough.

What if the assistance animal damages the unit?

The tenant is liable for any damage the animal causes. You handle it through your normal security deposit and lease terms, just not through a pet-specific charge.

Assistance-animal requests are easy to mishandle and expensive to get wrong. For more on the rules that protect you, see our 2026 Florida landlord laws overview, our landlord-tenant law cheat sheet, and our security deposit guide. If you own a rental in Boynton Beach, Naples, or across Palm Beach County, we handle these requests the right way so you stay compliant. This is general information, not legal advice.