Pets and Leases

Yes, unless your pet is an assistance animal. Under Texas law, you can be evicted for violating any part of the lease agreement. Keeping any pet that is not allowed under the lease, even temporarily, may violate the lease. Violating the lease with an unauthorized pet can be ground for eviction.

Yes. Read Pets in Public Housing to learn what animals public housing must allow.

An assistance animal is not considered a pet and is either (1) a service animal or (2) an emotional support animal.

Service animals are defined as dogs that are trained to do work or perform tasks for people with disabilities.

Emotional support animals (ESA) are animals that provide companionship to an individual with a mental or psychiatric disability. The individual seeking the ESA must have a disability that can be verified by a doctor. ESAs do not need specialized training, nor do they need to be certified. According to the Fair Housing Act, all you need is a note from your doctor saying that you have a disability and need the ESA.

Generally, yes. The assistance animal is a "reasonable accommodation" under the Fair Housing Act (FHA). Even if the landlord does not allow pets, the landlord may violate the FHA if they do not make an exception for an assistance animal. Note, though, that the landlord does not have to allow an animal if doing so would cost the landlord a lot of money or if the property needs to be altered.

A reasonable accommodation request is when a tenant with a disability asks the landlord to make an exception to the rules so that the tenant can use and enjoy the rental property just like everyone else. Requests can be verbal or written. There are no specific words that must be included in a request.

A request for the assistance animal may include, for example:

• A request to have an assistance animal even though there is a no pets policy,
• A request to not have to pay a pet deposit or fee, or
• A request to remove any other rule as to an assistance animal.

According to the U.S. Department of Housing and Urban Development (HUD), the landlord should grant a reasonable accommodation request to allow a service animal whenever the following are true.

1. A request been made by or on behalf of a tenant who is disabled.
2. If not apparent, upon the landlord's request, the tenant can show need for the animal.

If both are true, then the Fair Housing Act usually requires the landlord to allow the animal.

However, there are times where a landlord can deny a legitimate assistance animal. According to HUD, the landlord may refuse to allow an assistance animal when:

• Allowing the animal would unduly burden the landlord.
• Allowing the animal would fundamentally alter the essential nature of the housing provider’s operations.
• The specific assistance animal in question would directly threaten health and safety, even if these threats could be addressed.
• Allowing the animal would result in significant property damage.

Landlords can require tenants to provide a doctor's note that says they are disabled and need the animal. Documentation from a physician, psychiatrist, social worker, or other mental health professional should say that the tenant has a disability and that the animal will provide disability-related assistance or emotional support.

However, a landlord may not ask for information about how severe the disability is, demand medical records, or request any other medical details.

Additionally, landlords can ask the tenant to show that their animal is healthy and vaccinated.

No. It is unlawful for landlords to (1) charge additional rent, (2) demand a pet deposit, or (3) charge any fees whatsoever for an assistance animal. The Fair Housing Act guarantees this protection. You are still responsible for any damage the animal does to the property.

No. Service and emotional support animals can be any breed or size. However, the landlord may prohibit an animal if it is dangerous to others.

No. You may tell the landlord before or after you sign your lease.

No. Federal law does not allow your landlord to evict you for having a service or emotional support animal.

If you believe your landlord unlawfully denied a request for an assistance animal, you can file a complaint with the Office of Fair Housing and Equal Opportunity.

Also available in American Sign Language and Spanish.