Can a Landlord Deny an Emotional Support Animal

To be able to live with your emotional support animal (ESA) in an apartment that has a no-pet policy, you have to show the landlord an “ESA letter” that has been signed by a licensed mental health professional.

Legally, this is the only requirement to have your ESA live with you. However, the landlord can still deny your request under certain circumstances.

These circumstances include situations where the ESA poses a safety risk, causes significant property damage, creates an undue financial or administrative burden, or if your ESA letter isn’t legitimate.

In this article, we’ll explain if a landlord can deny an emotional support animal and what you can do to prevent your request from getting denied.

Reasons Your ESA Request May Be Denied

In most cases, your ESA request won’t be denied as long as you have a valid ESA letter.

However, landlords have the right to refuse your request under the following circumstances:

  • Safety Risks: If your ESA poses a threat to the safety of other tenants, the landlord can refuse your request. For example, if your ESA is known to be aggressive or has a history of dangerous behavior, the landlord might refuse your request for reasonable accommodation.
  • Property Damage: If the landlord has reason to believe that your ESA could cause significant damage to the property, they may deny your request. This includes situations where the ESA’s behavior could lead to substantial repairs or maintenance costs.
  • Financial or Administrative Burden: If accommodating your ESA would create an undue financial or administrative burden on the landlord, they can refuse. This could happen if your ESA needs special accommodations that are too expensive or complicated to manage.
  • Invalid ESA Letter: If the ESA letter you provide is not legitimate—meaning it isn’t from a licensed mental health professional or doesn’t meet legal requirements—the landlord can refuse your request.

Most Common Reasons

One frequent reason for an ESA request being turned down is if the pet disrupts or annoys other tenants.

Unlike service dogs, ESAs don’t require any specialized training, which means they can sometimes be less predictable.

If your ESA is prone to barking excessively, creating disturbances, or acting out in other ways, landlords might have a valid reason to refuse your request for accommodation.

Another common reason for refusal is if the ESA certification is invalid or doesn’t meet legal requirements. It is your responsibility to make sure that you get your letter from a certified mental health professional.

The letter should clearly state that you have a mental health condition and that your pet provides emotional support related to that condition. If the certification lacks these details or is not from a recognized professional, your landlord may have grounds to refuse your request.

Be aware of scams that offer ESA certifications without real credentials. Make sure you’re getting your letter from someone who’s actually qualified to provide it.

Undue Financial or Administrative Burden

In most cases, it’s challenging for landlords to prove that an ESA creates a fundamental alteration or undue burden.

They would need to demonstrate that the ESA’s presence would lead to excessive costs, require major modifications to the property, or impose unreasonable operational demands.

As you can imagine, this is much harder to prove than situations like an ESA disturbing other tenants or having an invalid ESA letter.

Showing that an ESA is disrupting other tenants is more straightforward because it involves clear evidence of noise or behavioral issues.

A Common Misconception About ESA Request Denials

A common misconception is that the size, weight, or breed of your ESA could affect whether your request gets approved. In reality, these factors don’t determine whether your ESA is allowed.

An emotional support animal can be any size or breed, and their physical characteristics aren’t grounds for refusal.

How to Increase the Chances of Your ESA Request Being Approved

One of the best things you can do is make sure your ESA is well-trained and doesn’t disturb others. A well-behaved pet is less likely to raise concerns and can make it easier to get approval.

Teach your ESA pet some basic commands such as “sit” and “quiet,” or hire a professional trainer if you need help.

Another important thing to keep in mind is to get your ESA letter from a licensed mental health professional. Make sure the letter clearly states your mental health condition and how your ESA helps with it.

As long as you have a legit ESA letter, it is very unlikely for a landlord to refuse your request for reasonable accommodation.

Train Your ESA Well

Just because ESAs don’t require specialized training doesn’t mean you shouldn’t teach them to behave.

There will be other people living in the same building, and most of them might not be too happy about a noisy dog or cat.

If you want to make sure your ESA request is approved, then make sure your pet doesn’t bother others and you have a valid ESA letter that you obtained from a licensed mental health professional. With these two things sorted, your landlord won’t have much grounds to refuse your request.

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Author at Huliq.

Written By James Huliq