Pet Restrictions That Can Affect Your Rental Approval

Answer

Many renters wonder if owning a dog or cat gives a landlord the right to turn down their application. Pet policies vary by state and landlord, but federal and local laws also shape what landlords can and cannot do.

In most jurisdictions, landlords can enforce a strict “no pets” clause. They often require a pet deposit (frequently capped at one month’s rent) or charge a monthly pet fee (commonly $25–$50). Many leases limit pet size, breed, or number—typical rules include banning large breeds over 50 lbs or specific breeds labeled “high-risk.” If the lease clearly states “no animals allowed,” landlords generally can refuse applicants with pets unless another law overrides.

However, the Fair Housing Act (FHA) mandates reasonable accommodations for tenants with qualifying disabilities who need service animals or emotional support animals (ESAs). Under the FHA, landlords must waive pet restrictions and fees for service animals and ESAs—even if a property’s rules ban all pets. Tenants usually supply a letter from a licensed medical provider or mental health professional confirming that the animal addresses a disability-related need. Landlords may request documentation but cannot demand detailed medical records or ask about the nature of a tenant’s disability.

State and local statutes often impose additional standards. For instance, some cities limit security deposits to two month’s rent or prohibit landlords from charging pet rent altogether. A few municipalities require landlords to show proof of property damage before withholding any portion of a deposit. Before signing, renters should check their state’s landlord–tenant laws—typically available on official government or housing authority websites.

Landlords may still enforce basic pet rules to protect their investment. They can insist on current vaccinations, spay/neuter certificates, or liability insurance for certain breeds. If a pet creates a genuine nuisance—excessive barking, aggressive behavior, or property damage—landlords usually follow local notice requirements (often 30 days written notice) before initiating lease termination.

Tenants believing they face unlawful discrimination—such as denial due to an ESA—can file a complaint with the U.S. Department of Housing and Urban Development (HUD Complaint Process) or consult a local fair housing agency. For non-service pets, renters should disclose their animal early, offer references from prior landlords, or provide a pet resume or behavior video.

While landlords generally have the right to refuse pets, service and support animals receive mandatory exceptions under federal law. Before finalizing a lease, renters must carefully review any pet-related clauses, clarify breed or size restrictions, and confirm additional fees. It’s advisable to consult a licensed attorney or tenant advocacy group if you suspect discrimination or need help with ESA documentation.