Pets
Emotional support and service animals in Florida rentals
Under section 760.27 and the federal Fair Housing Act, a Florida landlord has to allow an emotional support animal for a tenant with a disability, and can't charge extra for it. When the disability or the need isn't obvious, the landlord can ask for reliable documentation, such as a letter from a health care practitioner with personal knowledge of you, but not your diagnosis or medical records. A certificate bought online is not, by itself, enough.
Updated Last checked 4 min read
Quick answer
- No pet deposit, pet fee or pet rent for an approved assistance animal.
- You still pay for any damage the animal causes.
- Documentation must come from a practitioner with personal knowledge of you, not an online registry.
- Service animals are dogs or miniature horses trained to do specific tasks.
- Faking an ESA or service animal is a misdemeanor with 30 hours of community service.
On this page
Two kinds of assistance animals
| Topic | Emotional support animal | Service animal |
|---|---|---|
| Florida law | Section 760.27 | Section 413.08 |
| What it is | An animal that helps with a disability-related need, often by its presence | A dog or miniature horse trained to do work or tasks for a person with a disability |
| Training required | No | Yes, for specific tasks |
| Extra fees allowed | No | No |
| Damage | Tenant is liable | Tenant is liable |
A dog trained to alert you before a seizure is a service animal. A dog whose company calms you is an emotional support animal, because Florida's service animal law says comfort isn't a task.
What a landlord can ask for
If your disability and the animal's role aren't obvious, section 760.27 lets the landlord request reliable information that you have a disability, such as a government disability determination, proof of disability benefits, or a note from a practitioner, plus information showing the specific help this animal gives you. The landlord can also ask for proof of state and local licensing and vaccinations, and information about each animal if you have more than one.
The landlord can't ask for your diagnosis, how severe it is, or your medical records.
Why online certificates fail
The statute says a registration, identification card or certificate bought from an online registry isn't, by itself, reliable information. A practitioner's letter counts when that practitioner has personal knowledge of your disability and is acting within the scope of their practice. A practitioner licensed outside Florida also has to have seen you in person at least once. If you've been seeing a therapist or doctor for a while, that's the letter to ask for.
Fees, rules and damage
Once the animal is approved as an accommodation, you can't be charged a pet deposit, pet fee or pet rent for it. Section 760.27 also makes you liable for any damage the animal does to the home or to other people, so a landlord can still claim against your regular security deposit for real damage, through the normal written notice.
A landlord may deny a request only if the specific animal poses a direct threat to others' safety, health or property that another accommodation can't reduce. The test looks at the animal in front of the landlord, not at a breed or weight rule written for pets.
Condos and HOAs
The federal Fair Housing Act treats a refusal to make reasonable accommodations in rules, policies, practices or services as discrimination, and that reaches associations as well as landlords. In a building with a no-pets rule, send the request to both the landlord and the association, with the same documentation.
Faking it is a crime
Under section 817.265, falsifying ESA documentation or knowingly misrepresenting yourself as having a disability-related need for one is a second-degree misdemeanor, with 30 hours of community service within six months. Section 413.08 sets the same penalty for misrepresenting a service animal.
Questions people ask
Can a landlord deny an emotional support animal in Florida?
Only if that specific animal poses a direct threat to safety, health or property that another accommodation cannot reduce, or if you cannot provide the reliable documentation the law allows the landlord to request.
Can my landlord charge a pet deposit for my ESA?
No. Section 760.27 says you can't be required to pay extra for an approved emotional support animal. You're still liable for damage it causes.
Is an online ESA letter valid in Florida?
A registration or certificate bought online is not enough by itself. A letter from a practitioner who personally knows your disability is, and an out-of-state practitioner must have seen you in person at least once.
Does an emotional support animal count as a service animal?
No. Florida law defines service animals as dogs or miniature horses trained to perform tasks, and says emotional support isn't a task.
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Words in this guide
Sources
- Florida Statutes, section 760.27: Prohibited discrimination in housing provided by a person or entity, emotional support animalsleg.state.fl.us
- Florida Statutes, section 413.08: Rights and responsibilities of an individual with a disability, use of a service animalleg.state.fl.us
- Florida Statutes, section 817.265: Fraudulent misrepresentation of disability, emotional support animalsleg.state.fl.us
- 42 U.S.C. 3604: Discrimination in the sale or rental of housing (Fair Housing Act)law.cornell.edu
Checked against these sources on by Rentvana Editorial. If something has changed, email hello@rentvana.com and we'll fix it.
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Call 888-601-8344 to talk to a licensed agent, or email hello@rentvana.com and one gets back to you within 1 hour, 8am to 9pm. Renters never pay Rentvana.