Why You Can’t Deny ESAs and Other Protected Animals in Florida Rentals
Opening Question:
As a Florida landlord, can you refuse to rent to someone with an emotional support animal—or other legally protected animal—if you have a “no pets” policy?
Snippet Answer:
Under Florida law, emotional support animals (ESAs) and service animals are not considered “pets.” Landlords must allow them—even with a no-pet policy—if the tenant meets the legal requirements for verification and documentation.
Florida Law on Protected Animals
Two primary laws apply in Florida:
Florida Statute § 760.27 – Covers emotional support animals in housing.
Florida Statute § 413.08 – Covers service animals in public accommodations, which also applies to housing discrimination under fair housing rules.
Both laws are enforced in conjunction with the federal Fair Housing Act (FHA), which prohibits housing discrimination against individuals with disabilities.
Emotional Support Animals vs. Service Animals
Service Animals – Trained to perform specific tasks for a person with a disability. In Florida, service animals are limited to dogs and miniature horses.
Emotional Support Animals (ESAs) – Provide emotional or mental health benefits but are not required to have specialized training. ESAs can be a variety of species.
Both must be allowed in housing when the tenant qualifies under Florida and federal law.
Documentation Requirements in Florida
Florida Statute § 760.27 allows landlords to request reliable documentation that:
The tenant has a disability (you cannot ask for specifics).
The animal provides support or assistance related to that disability.
For ESAs, documentation must come from a licensed health care practitioner who has personal knowledge of the tenant’s disability.
Florida law also prohibits fake ESA certifications and makes misrepresentation a punishable offense.
Why Landlords Cannot Deny
Even if you have a “no pets” policy, you cannot deny an ESA or service animal if:
The tenant provides proper documentation.
The request is reasonable and does not cause an undue financial or administrative burden.
The animal does not pose a direct threat to others or cause substantial property damage.
Refusing an ESA or service animal when the tenant meets the legal criteria can lead to a housing discrimination complaint, fines, and potential legal action under Florida law and the Fair Housing Act.
Common Misconceptions
“I can charge a pet fee or pet rent for an ESA.”
❌ Not allowed in Florida. You cannot charge pet fees, deposits, or increased rent for ESAs or service animals. You may, however, require the tenant to pay for actual damages caused by the animal.“I can deny certain breeds or species.”
❌ Not if the animal qualifies under ESA or service animal laws. Restrictions that apply to pets do not apply to protected animals.“I can limit the number of animals.”
❌ If a tenant can document the need for multiple ESAs, you must allow them, provided the request is reasonable.
Best Practices for Florida Landlords
Have a Written Policy – Outline how tenants can submit requests for ESAs or service animals.
Use Legal Forms – Ensure documentation requests comply with Florida Statute § 760.27.
Respond Promptly – Delays can be seen as discriminatory under housing laws.
Document Everything – Keep records of the request, the documentation provided, and your response.
Final Takeaway
In Florida, emotional support animals and service animals have legal protections that override standard pet policies. Denying them without lawful reason can expose you to significant legal risk. By understanding Florida Statutes § 760.27 and § 413.08, you protect both your investment and your compliance with state and federal fair housing laws.
Property management is hard enough—partner with someone who stays on top of Florida law changes and works to maintain your investment. Complete our Contact Us form or call us at 904-855-7933 to learn more about how CrossView Property Management in Jacksonville, FL, can work for you.
