September 1, 2026 · 4 min read
Pets are a fact of life in the rental market, and a thoughtful pet policy can widen your pool of qualified applicants. Assistance animals are a separate matter. Under Florida law, a service animal or an approved emotional support animal is handled as an accommodation for a person with a disability rather than under your pet policy, and different rules apply. This post is for owners in Manatee and Sarasota Counties who want to get both right.
Setting a Clear Pet Policy
For ordinary pets, owners generally have a good deal of discretion. You can decide whether to allow pets at all, set limits on number, type, or size, and charge a pet deposit, a one-time fee, or monthly pet rent, as long as the policy is applied consistently and fits any association rules. Florida's landlord-tenant law counts a pet deposit as deposit money, so it deserves the same careful handling as a security deposit. Put the policy in writing in the lease, including expectations for waste cleanup, noise, and responsibility for damage.
Service Animals and Emotional Support Animals
Florida law recognizes two kinds of assistance animals in housing. A service animal is trained to do work or perform tasks for a person with a disability, and providing emotional support or comfort alone does not count as a task. An emotional support animal needs no special training; it eases one or more effects of a person's disability through its presence. Florida's 2020 law on emotional support animals in housing, section 760.27 of the Florida Statutes, sets out how housing providers may evaluate these requests.
What You May and May Not Ask
When a tenant or applicant asks to keep an emotional support animal and the disability is not readily apparent, Florida law generally allows you to request reliable information that reasonably supports the disability and the need for the animal, such as information from a licensed health care practitioner with personal knowledge of the person's condition. You may also ask for proof that the animal meets state and local licensing and vaccination requirements. You may not ask for the diagnosis, the severity of the disability, or medical records, and a registration, certificate, or ID card obtained from the internet is not, by itself, sufficient.
A request can generally be denied if the specific animal poses a direct threat to the safety or health of others, or of physical damage to others' property, that cannot be reduced or eliminated by another reasonable accommodation. These decisions should be made case by case and documented carefully.
Fees, Deposits, and Damage
This is where pets and assistance animals differ most. Under Florida law, a person approved to keep an emotional support animal as a reasonable accommodation may not be required to pay extra compensation for the animal, and the same is true for a service animal. In practice, that generally means no pet deposit, pet fee, or pet rent for an approved assistance animal. The tenant remains responsible for any damage the animal causes, however, which can be addressed the same way as any other damage to the home.
A Shift in Federal Guidance
In May 2026, the U.S. Department of Housing and Urban Development withdrew its 2020 guidance on assistance animals and said it would focus its own fair housing enforcement on animals trained to do work or perform tasks. The federal Fair Housing Act itself did not change, people can still bring their own claims in court, and Florida's emotional support animal law remains in effect. For owners here, the practical approach is to keep following Florida's requirements, treat every request with care, and get professional advice before denying one. Our earlier overview of fair housing basics for Florida landlords covers the broader framework, and our fair housing page explains our own commitment.
Note: This post is general information about Florida and federal fair housing rules as of this writing, and federal guidance in this area changed recently. It is not legal advice, so consult a Florida attorney familiar with fair housing law before setting a policy or responding to a specific request.
Handling pet policies and accommodation requests consistently is part of professional property management, and it starts with fair, well-documented tenant placement. If you have questions about your rental, contact us.