Key Takeaways
Service Animals Are Not Pets: Under federal law, service animals must be accommodated regardless of a landlord’s pet policy.
Landlords Must Avoid Discriminatory Practices: You cannot reject tenants, apply pet restrictions, or ask invasive questions about a disability. Violating these rules may result in legal consequences under fair housing laws.
You Still Have Rights as a Landlord: While you must provide reasonable accommodations, you can request proper documentation for service animals.
As a landlord, you typically have the right to decide whether or not to rent to tenants with pets in your rental property. However, this doesn’t apply to service animals.
While Virginia’s landlord-tenant laws do give you control over pet policies, service animals are not considered pets—they’re working animals that have been specifically trained to assist individuals with disabilities.
Service animals are protected under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). Both laws require landlords to accommodate tenants with service animals, regardless of existing pet restrictions.
You are also legally required to treat tenants with disabilities fairly and without discrimination. In this guide from KRS Holdings, we’ll walk you through the definition of service animals, the legal protections involved, and your rights and responsibilities as a landlord.
What Is a Service Animal?
A service animal is typically a dog that has been trained to assist someone with a disability by performing specific tasks related to their condition. As a landlord, you may be asked to provide reasonable accommodations for tenants who rely on these animals to live independently.
Examples include:
A dog trained to alert a diabetic tenant when their blood sugar is low.
A dog that reminds a tenant with depression to take their medication.
A dog trained to detect seizures and help protect a person during an episode.
What separates service animals from pets is their professional training and certification. These animals are licensed to perform specific duties and are not considered pets under federal law.
Service Animals vs. Companion Animals
Unlike service animals, companion animals—also known as emotional support animals (ESAs)—are not covered under the ADA. However, they are protected under the FHA, which still requires landlords to accommodate them despite a “no pets” policy.
Companion animals provide emotional or psychological support to individuals suffering from conditions such as anxiety, depression, or PTSD. While they don’t need to be professionally trained, they still qualify as a reasonable accommodation under federal housing law.
What Landlords Should Avoid
Here are some of the most common mistakes landlords should avoid—and why:
Rejecting Tenants Due to a Service or Support Animal
It is unlawful to deny housing to a qualified applicant solely because they require a service or emotional support animal. Under the FHA, disability is a protected class, and that protection extends to tenants who rely on these animals for medical or emotional support.
Even if your property has a strict "no pets" policy, that rule cannot be used to exclude tenants with disabilities. Service and support animals are not considered pets under the law, and failing to make an exception is a violation of a tenant’s right to reasonable accommodation.
Applying Pet Restrictions to Service or Support Animals
Typical pet policies—such as breed restrictions, size limits, or the number of animals allowed—do not apply to service animals or ESAs.
For example, a policy banning certain dog breeds like pit bulls or German shepherds cannot be enforced against tenants with a verified need for a service or support animal.
Asking Invasive Questions About a Tenant’s Disability
You may be curious or want to verify a tenant’s need for an animal, but there are strict limits on what you can ask. For service animals, if the tenant’s disability and need for the animal are not obvious, landlords are only allowed to ask two specific questions:
Is the animal required because of a disability?
What work or task has the animal been trained to perform?
You may not ask for details about the tenant’s medical condition, diagnosis, or personal history. This includes asking how the disability occurred or requesting medical records.
For emotional support animals, since they don’t perform specific tasks, landlords are allowed to request documentation from a licensed mental health professional or medical provider stating that the tenant has a disability and needs the animal for support.
However, this request must be reasonable and cannot be overly burdensome or invasive.
Penalizing a Tenant for Noise or Disturbance Without Cause
Landlords have the right to maintain a peaceful and safe living environment for all tenants, but this must be done fairly and without discrimination.
If a service or support animal is noisy, disruptive, or destructive, you can address it only when it crosses the line into violating lease terms or endangering others.
You may not penalize or threaten rental eviction simply because a neighbor complains about the presence of the animal, especially if the animal has not caused any actual harm or disturbance.
Instead, focus on documented behavior—such as aggression, frequent noise, property damage, or hygiene issues—before issuing warnings or taking action.
Other Mistakes to Avoid:
Charging Pet Fees or Deposits: You cannot charge pet rent, deposits, or extra fees for service animals or ESAs. These are not considered pets and are protected under housing laws.
Delaying Reasonable Accommodations: Failing to respond promptly to accommodation requests can be seen as denial. Landlords should act quickly and in good faith to evaluate and respond to these requests.
Retaliating Against a Tenant for Making a Request: Tenants have a legal right to request accommodations. Responding with threats, increased rent, or non-renewal of a lease or rental agreement could be considered retaliatory and unlawful.
By avoiding these common mistakes and understanding where the boundaries lie, landlords can stay compliant with the law while also maintaining respectful and productive relationships with all tenants.
Landlords’ Rights and Responsibilities
You must comply with the ADA and FHA when it comes to tenants with disabilities and their service or support animals. That said, landlords still have important rights that help ensure the safety and upkeep of their rental properties.
As a landlord, you may:
Request documentation for emotional support animals (not service animals) from a licensed healthcare provider.
Ask for health records to confirm that the animal is vaccinated and free of parasites.
Set reasonable behavior expectations and take action if the animal poses a safety or property risk.
Your responsibility is to provide fair and equal housing while also maintaining a safe environment for all tenants. Knowing the law will protect you from liability and help foster positive tenant relationships.
Bottom Line
Renting to tenants with service or companion animals means balancing legal obligations with good property management practices. By understanding your rights and responsibilities under the law, you’ll avoid legal pitfalls and ensure a fair experience for all tenants.
If you own rental property in Richmond, VA, and need expert help navigating tenant laws or managing day-to-day operations, KRS Holdings is here to help.
Whether you manage a single-family home, apartment, or multi-family property, our team offers trusted, professional property management you can rely on.
Contact us today to get started.