Pet fees and emotional support animals in Florida: what section 760.27 lets you ask for
Florida has no pet deposit statute that I could find, but section 760.27 speaks directly to emotional support animals. A person with a disability who has an emotional support animal must be allowed to keep it as a reasonable accommodation when the landlord approves the request, and may not be required to pay extra compensation for it. The statute also spells out what a landlord may and may not ask for.
What does section 760.27 say about charges?
Subsection (2) says that, to the extent required by federal law, it is unlawful to discriminate in providing housing to a person with a disability or disability-related need for an emotional support animal. On request and approval by the housing provider, the person must be allowed to keep the animal in the dwelling as a reasonable accommodation, and the person may not be required to pay extra compensation for the animal. So no pet deposit, no pet fee and no monthly pet rent for an approved emotional support animal. The definition in subsection (1) covers an animal that does not require training to do work or perform tasks but alleviates identified symptoms or effects of a disability by its presence. The federal regulation behind the rule, 24 CFR 100.204, requires reasonable accommodations in rules and policies.
What documentation may a Florida landlord request?
If the disability is not readily apparent, the housing provider may request reliable information that reasonably supports that the person has a disability. The statute lists a determination of disability from a government agency, receipt of disability benefits or services, proof of eligibility for housing assistance or a voucher received because of a disability, information from a health care practitioner or a licensed telehealth provider, or any other source the provider reasonably determines is reliable. Information from an out-of-state practitioner counts only if that person has provided in-person care to the tenant on at least one occasion, and information is reliable if the practitioner has personal knowledge of the disability and acts within the scope of practice.
If the need for the particular animal is not apparent, the provider may request information identifying the particular assistance or therapeutic emotional support the specific animal provides, from the same kinds of sources. For more than one animal, the provider may request information about the specific need for each. The provider may also require proof of compliance with state and local licensing and vaccination requirements for each animal.
What may you not ask, and when can you say no?
Subsection (3)(a) says a housing provider may not request information that discloses the diagnosis or severity of a person's disability or any medical records relating to the disability. That bars a request for a diagnosis letter or chart notes, so ask for the limited confirmation the statute lists.
Subsection (2)(a) lets the provider deny a request if the animal poses a direct threat to the safety or health of others or a direct threat of physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation. A denial should rest on facts about the particular animal, not on breed or size alone.
Example a made-up tenant asks on Monday, November 2, 2026 to keep an emotional support cat. The landlord replies in writing the same week, asks for a letter from the tenant's licensed provider confirming the disability-related need for the cat, requests the cat's vaccination record, and waives the pet deposit and pet rent. The landlord does not ask what the diagnosis is.
Can you still deduct for damage?
The ban is on extra compensation for the animal, not on holding a tenant responsible for damage. Ordinary deposit accounting under the landlord-tenant chapter still applies to real damage from any cause, so keep the move-in photos and the written condition report. I have not read the Florida deposit statute for this post, so check section 83.49 before you itemize.
- Write down the request date and your response date.
- Ask only for the categories of information the statute lists.
- Do not collect a pet deposit, fee or rent for an approved animal.
- Record the vaccination and licensing proof you require.
Where does DoorKeeping fit?
DoorKeeping keeps the lease, the pet addendum, the move-in photos and the rent ledger together, so the purpose of each charge and the condition of the unit on the first day are on file when you itemize a deduction. You decide what to charge and what to keep. This is general information, not legal advice: check the current statute, and ask a local attorney if a charge is disputed.
Sources
Questions
- Can a Florida landlord charge a pet fee for an emotional support animal?
- No. The person may not be required to pay extra compensation for the animal (760.27(2)).
- Can a Florida landlord ask for a diagnosis?
- No. A provider may not request information that discloses the diagnosis or severity of a disability or any medical records (760.27(3)(a)).
- Can a Florida landlord deny an emotional support animal?
- If it poses a direct threat to others' safety or health or of physical damage to others' property that no other reasonable accommodation can reduce (760.27(2)(a)).