The Emotional Support Animal Dilemma in Rentals

You’re managing a rental in Florida. Everything’s going smoothly—until a potential tenant casually drops the line: “I have an emotional support animal.” Cue the pause. The leasing agent doesn’t know what to say. The tenant thinks they’ll be denied. Everyone’s unsure if this is even legal.

I’ve been there.

We had a tenant in Orlando who almost didn’t apply for a rental because they assumed their emotional support animal would be an automatic no. One of our newer team members didn’t know the rules either. Thankfully, our COO did and stepped in quickly. We explained everything to the tenant, and they got approved.

Here’s the kicker: the tenant didn’t know the law, and neither did our team member. We could have lost a qualified renter over something that’s actually protected under federal and Florida law.

So let’s break this down, and I’ll tell you everything landlords, tenants, investors, and property managers need to know—without the legal mumbo jumbo.

What Is an Emotional Support Animal (ESA)?

It’s not just a comfort pet.

An ESA is an animal that provides emotional support to someone with a mental or emotional disability. The key difference is they’re not required to have any specialized training, unlike service animals.

Examples:

• A cat that helps someone cope with depression

• A dog that helps reduce anxiety

• Even a rabbit or bird—if prescribed by a professional

Under federal law and Florida statutes, these animals are not considered “pets.”

What the Law Says in Florida

In Florida, emotional support animals are protected under:

• The Fair Housing Act (FHA)

• Florida Statutes §760.27 (state-specific ESA law passed in 2020)

Key Legal Takeaways:

• ESAs must be accepted in housing—even in “no pets” properties.

• No pet rent or deposits can be charged.

• A landlord can request documentation from a licensed healthcare provider.

• You cannot deny a rental application based solely on ESA status.

• ESAs are not subject to breed or weight restrictions.

If a tenant provides legit paperwork, you’re required to make reasonable accommodations.

What Tenants Should Know

Let’s say you’re a tenant in Florida with an ESA. Here’s what you need to do before applying:

✅ What You Should Do:

• Get valid documentation from a licensed mental health professional. This must:

  • Be written on official letterhead

  • Be less than 12 months old

  • Clearly state the need for an ESA due to a mental or emotional disability

• Inform the landlord early in the process (don’t hide it).

• Be prepared to provide your documentation upon request.

• Keep your ESA well-behaved—excessive barking, destruction, or aggression can be grounds for action.

❌ What You Shouldn’t Do:

• Don’t assume your online ESA registration certificate is enough (those $29 websites don’t count anymore).

• Don’t wait until after lease signing to disclose your ESA.

• Don’t try to use ESA status to sneak in multiple pets—each animal needs its own documentation.

Many tenants don’t know they’re protected. That’s why they don’t apply, or they give up early. This is your reminder: if you have the right paperwork, you can’t legally be denied housing in Florida based on your ESA.

What Investors Should Know

As an investor, your first reaction might be: “Can I charge pet rent? Will this cost me more in damages?”

Here’s the straight-up answer:

🧠 Know the Law:

• You can’t charge a pet deposit or pet rent for ESAs.

• You can’t deny housing because of a tenant’s ESA.

• You can ask for documentation, but you can’t pry into personal medical details.

💰 Risk vs. Reality:

• The risk of an ESA causing damage is no higher than a regular pet.

• If the animal does damage the property, you can deduct repair costs from the security deposit—just like with any tenant.

• The bigger risk? Violating federal law and facing a discrimination lawsuit. Fines can range into the tens of thousands.

🎯 Pro Tip:

Want to avoid these headaches? Use a property manager who understands ESA law—and trains their team.

What Property Managers Must Know

If you’re running a PM company or managing rentals yourself, this is must-know stuff. You’re the front line between the law and your landlord.

Here’s What You Need to Do:

✅ Educate Your Team:

• Every leasing agent should know: ESA ≠ pet.

• Train on how to collect valid ESA letters and how to spot red flags.

🗂 Set a Process:

• Create a standard ESA verification form for tenants.

• Keep copies of all ESA-related documentation in the tenant file.

• Have a script or email template ready for ESA inquiries.

🧾 Property Managers & Disclosure:

Here’s the big one: Are you required to disclose to owners that a tenant has an ESA?

Technically, no. You are not required by law to notify the property owner that the tenant has an ESA—especially because:

• It’s protected medical information.

• Owners can’t deny the ESA anyway.

• It could lead to discrimination if they try to act on it.

That said, some PMs do disclose as a courtesy, especially if the owner is hands-on or prefers to be looped in. But if you do, never mention the tenant’s medical condition—just state there’s a medically authorized ESA on the lease.

Keep it professional. Keep it compliant.

What Landlords Can Still Control

Just because a tenant has an ESA doesn’t mean anything goes. You still have rights.

You Can:

• Require proper documentation

• Enforce leash and waste rules

• Hold the tenant accountable for damages

• Reject ESAs that are unsafe, illegal, or cause undue hardship

You Cannot:

• Charge pet fees or deposits

• Deny the application because of the ESA

• Treat ESA tenants differently than other tenants

Real Story: The Orlando Save

Quick recap of what happened in one of our own Graystone deals:

• A tenant didn’t apply for a rental because they had an ESA and assumed it’d be rejected.

• One of our team members (who didn’t know the law) flagged it as an issue.

• Our COO caught it, educated both the team and the tenant, and saved the deal.

• The tenant provided proper documentation, and everyone moved forward.

That one bit of knowledge saved us from a missed lease, a confused tenant, and a possible legal issue.

Wrap-Up: Why This Stuff Matters

Let me say it plain: Knowing ESA law is a competitive advantage.

We’re in a people business. Every misunderstanding is a missed opportunity. Every botched ESA conversation could cost you a deal—or get you sued.

Knowing the law keeps you compliant. Knowing how to explain it makes you credible. Knowing when to say “yes” makes you money.

Final Tips for Success

For Tenants:

• Be honest, upfront, and bring the paperwork.

For Landlords & Investors:

• Know that ESAs are protected. Focus on tenant quality, not the animal.

For Property Managers:

• Train your team and have a consistent process.

• Disclose only what’s necessary and protect tenant privacy.

Written by CEO of Graystone & companies & Coach of the Property Profit Academy

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My team and I bring over 20 years of real estate experience, with deep roots in Florida’s investment scene. As a licensed MLO, I’ve helped close millions in loans and investor acquisitions. We’ve built strong relationships with wholesalers, probate attorneys, and sellers to source real deals—not just listings. My goal is simple: align your investments with your vision and deliver results that exceed expectations. Connect with Cody at https://graystoneig.com/cody

Hi, I’m Lisa-Kaye Price, Real Estate Lending Specialist at Graystone Investment Group. With 20 years of experience as both a licensed Realtor® and Mortgage Loan Originator, I specialize in helping investors secure smart financing for powerful real estate moves. Let’s connect and talk strategy! Connect with Lisa at https://graystoneig.com/lisa-kaye-price

Jay Michalec is the COO of Graystone Investment Group and a proud U.S. Army veteran. With 25 years in hospitality, Jay brings leadership, service, and operational excellence to real estate. He’s known for keeping things running smoothly and supporting both the team and clients every step of the way. 📅 Connect with Jay: https://graystoneig.com/jay