Key Takeaways

1. Legal Protection Under the Fair Housing Act – Tenants with service animals are protected by federal law, which requires landlords to provide reasonable accommodations without discrimination.
2. No Pet Fees or Breed Restrictions – Service animals are not considered pets, so landlords cannot charge pet fees or deposits, nor impose breed, size, or weight restrictions—even if those restrictions apply to other animals.
3. Reasonable Behavior Expectations – Aggressive behavior may be addressed with warnings, but immediate eviction is only justified if the problem persists despite corrective efforts.
4. Professional Property Management Can Help – Partnering with a knowledgeable company helps landlords stay compliant with laws, handle service animal requests properly, and manage any related property maintenance or tenant communications efficiently.

When you own a rental property, it’s vital to ensure that your tenancy practices are lawful, fair, and practical. 

One critical area where these priorities intersect is accommodating tenants who rely on service animals. Whether or not you’ve encountered this situation yet, it’s best to be prepared.

Here’s everything you need to know when renting to tenants with service animals—from legal fundamentals to everyday best practices. 

Understanding the Legal Framework

First and foremost, federal law governs this area through the Fair Housing Act (FHA). Under the FHA, tenants with physical or mental disabilities that require a service animal cannot be discriminated against. 

Landlords are obligated to make reasonable accommodations that allow these individuals to enjoy and use the housing.

Service animals differ from emotional support or therapy animals in that they are specifically trained to perform tasks directly related to the tenant’s disability. 

This could include guiding a visually impaired person, alerting someone with a hearing impairment, or assisting with balance or mobility for a person with physical challenges.

Because this distinction is important, landlords are allowed to inquire if the animal is a service animal, but you cannot demand proof of disability. If the service need is obvious—such as a seeing-eye dog for someone who is blind—then no further documentation is required. 

Why Accommodating Service Animals Matters

Supporting tenants with service animals is both a legal obligation and a sound business practice. Offering an inclusive environment sends a clear message that your properties are not just accessible but actively welcoming. 

Moreover, maintaining a reputation for fairness and accessibility can elevate your standing in the market. In some communities, property owners are starting to see a competitive advantage by emphasizing their commitment to inclusivity. 

Reasonable Accommodations: What They Look Like in Everyday Life

Waiving Pet Fees or Deposits

Since service animals are not considered conventional pets under the law, you must not charge additional pet rent or security deposits. You can still hold tenants financially responsible for damage, but that must be directly linked to harm caused by the service animal.

Modifying Damage Policies

While blanket deposits aren’t allowed, you are permitted to deduct repair or replacement costs if the service animal damages something beyond normal wear and tear. Keep accurate records and invoices to document expenses fairly.

Allowable Breed or Size Restrictions

You cannot impose breed, size, or weight restrictions on animals that are recognized as service animals. If you have a limit on dog breeds due to insurance or liability, you must grant an exception for ADA‑recognized service breeds.

Designated Areas

You cannot bar a service animal from common areas like hallways, laundry rooms, or fitness facilities—these areas must be accessible to all residents, service animals included.

Reasonable Training Needs

It is reasonable to request that the tenant ensure their animal is well-behaved, under control, and leashed or harnessed in common areas. 

If the animal is acting aggressively or biting, you may request that the tenant address the behavior or find alternative housing arrangements. However, you still can’t evict immediately unless the tenant doesn’t take corrective steps and the animal continues to pose a threat.

Common Misunderstandings and Fixes

Even experienced landlords can run into mistakes around these issues. Watch out for these pitfalls:

Treating the Animal Like a Pet

Emotional support or therapy animals are an important but separate category. Only service animals are protected under the ADA and the Fair Housing Act. Recognize the difference and treat each request according to its proper legal framework. 

Charging Pet Fees

This remains a frequent violation. Avoid the practice entirely for recognized service animals, or you risk complaints or lawsuits.

A “No Pets” Policy

A blanket ban on all animals is unlawful. Instead, allow service animals (and in some cases, emotional support animals) while still enforcing rules around cleanliness and behavior.

Limiting Breeds or Sizes

Even if your insurance company concerns you about liability for large dogs, you must make exceptions for recognized service breeds. If needed, the tenant may carry liability insurance or be responsible for any harm.

Evicting Without Due Process

You can’t remove a tenant simply for having a service animal. Only after documented, repeated violations—not fixed after warning—can you initiate eviction for that reason. Always document carefully and apply your contractual terms evenly.

Working with a Professional Property Management Company

A professional manager like B&R Property Management brings expertise in the Fair Housing Act and other accessibility regulations, helping you stay compliant while avoiding liability. 

They can take charge of sensitive communications, ensuring tenants are treated with respect and your legal obligations are met. 

With trained staff, they’ll sort valid service animal requests quickly, manage documentation properly, and respond to incidents in a legally sound manner. You benefit from reduced risk, professional consistency, and a reputation for fairness.

When additional damage occurs beyond normal wear and tear, the management company tracks it carefully, invoices tenants appropriately, and ensures any charges are backed by documentation.

Also, experienced management firms can advise on best practices for hygiene in shared spaces, including scheduling regular carpet cleaning or maintenance checks. They know how to strike the right balance.

Final Takeaway

Accommodating tenants with service animals comes with both legal obligations and opportunities. 

By approaching the situation thoughtfully, you maintain compliance with the Fair Housing Act, reduce the risk of discrimination claims, and foster a community where tenants, regardless of disability, feel respected and supported.

If you feel overwhelmed by the paperwork, communication, and maintenance oversight involved, consider partnering with B&R Property Management. 

Contact us today to learn more!