The Common Law

I am trying to rent one of my properties. One potential tenant has an emotional support dog. What’s the legal difference between an emotional support dog and a service dog? The tenant says that he doesn’t have to pay a pet security deposit for the emotional support animal. Is that right?

As a general rule in Texas, landlords do not have to allow pets on the property. And landlords can require a pet deposit.

There are, however, exceptions to this general rule related to service animals and emotional support animals (ESA). Let’s start by distinguishing service animals from an ESA.

The Americans with Disabilities Act and Texas law essentially define a service animal as a dog (or miniature horse) that is specially trained or equipped to help a person with a disability and is used by the person. Service dogs are specially trained to perform a specific task. There are many types of service dogs, including guide dogs (for visually impaired), allergy detection dogs, and diabetic alert dogs. Service dogs have public access rights, which means they can go places where other animals aren’t allowed.

An ESA is an animal (dog, cat, bird, or other animal) that provides a comforting presence to its handler that helps to lessen the symptoms of a mental or emotional disability. In contrast to a service animal, which is trained for a specific task, an ESA’s primary role is to provide an ongoing sense of comfort and security.

Federal and Texas law generally allow a person with disability, either mental or physical, to be provided fair and equal access to housing. The practical application of these laws means that renters can live with their ESAs, even in rental housing where pets are not typically allowed, as long as the ESA is not aggressive and does not pose a physical threat. Landlords can request to see an ESA letter, which is issued after consultation with a licensed mental health professional and supports the need for the ESA. Owners of ESAs typically do not need to pay security deposits. The owner of the ESA would, however, be financially liable if the ESA damages the property.