An emotional support animal (ESA) has legal rights that enable them to live in no-pet housing. This exception applies even after a tenant with an ESA signs their lease or rental agreement, meaning that a no-pet clause that’s already in effect doesn’t apply to a tenant who later adds an emotional support animal to their treatment plan.
Given that housing providers aren’t always happy with this, many tenants in Texas experience conflict with their landlords, which leads to these individuals questioning when can a landlord legally reject an ESA in Texas. If you’re asking that same question, this US Service Animals guide is here to help.
Continue reading to the end to learn the legal instances where a landlord has the right to deny an emotional support animal in housing situations.
Can a Landlord Deny an ESA Because of No-Pet Policies?
A landlord cannot deny an emotional support animal simply because they don’t want pets living in the property. Having a no-pet policy, whether it applies to a specific unit or there’s a building-wide restriction, isn’t a valid reason for a landlord to deny accommodation to an emotional support animal. Texas ESA laws are very clear on this, and a landlord rejecting an ESA without a valid reason can face penalties.
When Can a Landlord Legally Reject an ESA in Texas? Four Examples
Here are four common reasons for a Texas landlord to legally deny an ESA.
Invalid ESA Documentation
Texas, and every other state in the union, follows the Fair Housing Act (FHA) standards when it comes to emotional support animal documentation. If a tenant doesn’t have a valid ESA letter written by a mental health professional licensed to practice in Texas, their animal can’t and won’t be recognized as a valid emotional support animal. This gives the Texas landlord the legal right to deny accommodations.
Additionally, the ESA letter must meet certain requirements in order for it to be valid, even if it is written by a licensed mental health professional. This includes:
- Establishing a therapeutic relationship before writing the letter, whether online or in-person.
- The ESA letter clearly outlines the disability-related need for the emotional support animal.
- Having the contact details and license number of the mental health professional.
The ESA letter also needs to be valid in terms of date. Generally, ESA letters need to be renewed annually to remain valid. If not, a landlord in Texas can deny accommodation to an emotional support animal, arguing that the ESA letter is too old and no longer reflects the current mental health state of the tenant.
The ESA Poses a Safety/Health Risk
There are also instances where a Texas landlord can reject an emotional support animal, even if the letter is perfectly valid and checks all the boxes. The most common reason is the ESA poses a safety or health risk.
For instance, a landlord in Texas can reject an emotional support animal if the animal is destructive, aggressive, or the owner can’t get the animal under control. The same also applies to situations where the landlord has a reasonable belief that the animal will become a safety or health risk. Maybe the animal in question has a documented history of property damage, violence against humans or other pets, uncontrollable toileting, and so on.
These instances give landlords in Texas (and pretty much everywhere else) the legal right to reject an emotional support animal, both before and after accommodating the ESA. That’s why proper training and compatibility with the type of rental property is so important.
Undue Financial or Administrative Burden
It is legal for a landlord in Texas to reject an ESA if the animal’s presence would cause an undue financial or administrative burden. Although this is a lot rarer than the previous two instances, it is still a possibility that every tenant with an emotional support animal and landlord in Texas should know.
Some of the examples for financial burden include:
- Accommodating the ESA requires costly structural modifications.
- The ESA risks major damage that would require major renovations.
- The burden relative to the landlord’s size is too much (the cost of accommodating the ESA equals several months of rent).
Some of the examples for administrative burden include:
- The ESA requires daily supervision or staff, like a building staff member managing access to the animal.
- Allowing the ESA would make the landlord lose their insurance with no alternative provider.
- The ESA requires specialized waste handling, such as a large ESA producing a high volume of waste.
In these instances, a landlord can deny and later remove an emotional support animal. However, any doubt must be reasonable.
The Landlord Is Exempt from the FHA
Last but not least, there are Texas landlords exempt from following the FHA. They can legally deny an emotional support animal simply because of their own preferences, as they don’t have a legal obligation to follow the Fair Housing Act. The types of properties and landlords exempt from following the FHA are:
- Private Clubs: A private club that gives preference to members in housing is exempt from the Fair Housing Act.
- Religious Organizations: Similar to private clubs, religious organizations also don’t have a legal obligation to follow the Fair Housing Act. However, for both private clubs and religious organizations, the property must not be operated for commercial purposes.
- Owner-Occupied Buildings With Four or Fewer Units: The FHA doesn’t apply to buildings with four or fewer units if the owner also lives in one of them, such as a landlord renting out a room in their three-bedroom apartment.
- Single-Family Homes: If the owner of a single-family home doesn’t own more than three houses, and they rent (or sell) without using an agent, they are exempt from the Fair Housing Act in Texas.
If the property you’re renting or thinking about renting in Texas is in any of the above categories, it is up to the landlord whether or not they accommodate or reject your emotional support animal.
FAQs About Landlords and Emotional Support Animals
Below are some of the answers to the commonly asked questions about landlords and emotional support animals.
Can a Landlord Charge Pet Fees, Deposits, or Rents for an ESA?
No. The Fair Housing Act is very clear about pet fees, deposits, pet rents, or any other extra payments for assistance animals. Emotional support animals in Texas are totally exempt from any additional charges that are subject to pets.
Do I Need to Disclose my ESA Before Signing a Lease or Rental Agreement?
You aren’t legally required to disclose that you have an emotional support animal before signing your lease or rental agreement. The FHA is also very clear about this; landlords must consider requests even if a tenant discloses an ESA after the lease or rental agreement is signed. Nonetheless, most tenants in Texas tend to disclose an ESA before finalizing the paperwork to avoid conflict and prevent later disputes.
My Landlord Is Rejecting my ESA Unlawfully; What to Do?
If your landlord is rejecting your emotional support animal without any legal basis, it is best to educate them about the Fair Housing Act. If they persist, you can file a complaint with the Texas Fair Housing Council. However, note that the deadline to file a complaint is one year from the date of the incident.
When Can a Landlord Legally Reject an ESA in Texas: Summarized
Now that you know when can a landlord legally reject an ESA in Texas, you’re ready to exercise your emotional support animal rights in case a landlord tries to unlawfully deny your animal. As long as you have a valid ESA letter and an emotional support animal that’s well-behaved and suitable for the property you’re renting, you should have nothing to worry about.
Learn how to get an ESA letter in Texas to get the process rolling if you haven’t obtained yours already. At US Service Animals, we can help you get your ESA letter online by connecting you with a mental health professional licensed in Texas to evaluate your symptoms.
If you qualify, you will have your ESA letter delivered to you via email in as little as 24 hours. Our service is by far the most convenient, affordable, and fastest way to get a legitimate ESA letter in Texas.