Can a landlord charge a pet deposit for an ESA in Florida?

How do landlords verify an ESA letter?

They look up the Florida license number printed on your letter in the state's public MQA license search at flhealthsource.gov. A number or card from a website isn't the same check (Fla. Stat. § 760.27(3)(c)). Our verify page walks them through it. Housing only, and we can't promise acceptance.

Short answer: it depends. Fla. Stat. 760.27 says a person with a disability may not be required to pay extra compensation for an emotional support animal (ESA), and that rule opens with a condition: to the extent required by federal law, rule, or regulation. In 2026 HUD changed how it enforces animal-related housing complaints, so whether a deposit, fee, or pet rent can be charged depends on the facts. The person with a disability is still liable for any damage the animal does to the premises or to another person on the premises.

Last checked: 2026-10-28 against the Florida Statutes text on leg.state.fl.us.

What a housing provider may ask for

Unless federal law, rule, or regulation says otherwise, Fla. Stat. 760.27(2) lets a housing provider:

1. Ask for reliable information about the disability, if it is not readily apparent (760.27(2)(b)). The statute lists examples: a disability determination from a federal, state, or local government agency; receipt of disability benefits or services from a government agency; proof of eligibility for housing assistance or a housing voucher received because of a disability; information from a health care practitioner (s. 456.001), a telehealth provider (s. 456.47), or a similarly licensed provider in good standing in another state who has given the tenant in-person care at least once; information from another source the provider reasonably finds reliable under the federal Fair Housing Act and Section 504.
2. Ask for reliable information about the need for the particular animal, if that need is not readily apparent (760.27(2)(c)).
3. Ask about each animal when a person asks to keep more than one ESA (760.27(2)(d)).
4. Ask for proof of state and local licensing and vaccination for each animal (760.27(2)(e)).
5. Deny a request if the animal poses a direct threat to the safety or health of others, or of physical damage to the property of others, that another reasonable accommodation cannot reduce or remove (760.27(2)(a)).

Information from a practitioner or provider counts as reliable when that practitioner has personal knowledge of the person's disability and is acting within the scope of practice (760.27(2)(b)4 and (2)(c)1).

What a housing provider may not ask for or require

• Information that discloses the diagnosis or severity of the disability, or medical records about it. A person may choose to share them (760.27(3)(a)).
• A specific form or a notarized statement. A provider may offer a routine method for requests but may not deny a request only because the person did not use it (760.27(3)(b)).
• A card, patch, or similar item obtained online is not, by itself, sufficient information (760.27(3)(c)).

What stays the tenant's responsibility

The person with the ESA is liable for any damage the animal does to the premises or to another person on the premises (760.27(4)). This section does not cover service animals, which are defined in s. 413.08 (760.27(5)).

Where federal enforcement stands

760.27(2) begins "To the extent required by federal law, rule, or regulation." HUD changed how its enforcement office handles animal complaints in 2026. How that phrase applies now is not settled. Read what HUD changed and what Florida law still says.

Across the U.S., disability was the most common basis for housing discrimination complaints in 2025: 55.5% of the 20,805 complaints that private fair housing groups and the DOJ reported to the National Fair Housing Alliance (HUD and state agency data not included). Source: NFHA 2026 Fair Housing Trends Report. Checked Oct 2026.

For property managers

A Florida PM may request reliable documentation of a disability-related need, typically a clinician-signed English letter, and may verify the Florida license on MQA and NPI against the PDF. Generally you may not demand diagnosis, severity, or full medical records. Not a registry. Acceptance is never guaranteed under FHA + Fla. Stat. § 760.27. Housing only. Informational, not legal advice. Verify clinician PDF →

Why landlords still ask for documentation

Florida renters often hear two opposite messages. Reality sits in the middle. Housing providers have limits, and also have legitimate ways to review requests when the disability or need is not obvious. A common request is reliable documentation from a licensed health care professional, typically an ESA letter. Florida Statute § 760.27 also makes clear that an internet registration alone is not enough.

Pet deposit, pet rent, and pet fees

• Fla. Stat. 760.27 says a person with a disability may not be required to pay extra compensation for an emotional support animal, to the extent required by federal law, rule, or regulation.
• Whether a pet deposit, pet rent, or one-time pet fee counts as extra compensation in a given case depends on the facts. No result is promised.
• The person with a disability is liable for any damage the animal does to the premises or to another person on the premises (Fla. Stat. 760.27(4)).

No-pet buildings in Florida

A no-pet lease, breed limit, or weight limit is a lease term, and Fla. Stat. 760.27 does not mention breed or weight limits. Subsection (2)(a) lets a housing provider deny a request if the animal poses a direct threat to the safety or health of others or poses a direct threat of physical damage to the property of others, which threat cannot be reduced or eliminated by another reasonable accommodation. A housing provider may still ask for reliable information from a practitioner who has personal knowledge of the disability when the disability-related need is not obvious. Fla. Stat. 760.27(3)(c) says an internet registration is not, by itself, sufficient.

Approval is never automatic. Housing only. We do not promise what any one building will do.

HUD changed how it enforces animal-related housing complaints in 2026. What HUD changed and what Florida law still says →

The same Florida rules apply in every city: see the ESA letter Miami, Orlando, Tampa, Jacksonville and Fort Lauderdale pages.

Can a Florida landlord ask for my diagnosis?

Under Fla. Stat. §760.27(3)(a), a housing provider may not request information that discloses the diagnosis or severity of a disability, or any medical records. landlord verification checklist (Florida)

Educational only. Not legal advice. Official ESA letters for landlords are issued in English only.

Sources

• Fla. Stat. 760.27 (2026), Florida Legislature (fetched 2026-10-28)
• Our HUD update page
• 2026 Fair Housing Trends Report, National Fair Housing Alliance (fetched 2026-10-29)

General information, not legal advice. Each request is decided on its facts, and we cannot promise what any housing provider will decide.

Read Florida Statute 760.27 in plain English on the 30-day rule guide.