Not all landlords allow tenants to have pets in their rental properties, which is something they’re allowed to do per the Texas Property Code. Tenants typically need to complete a pet approval process before bringing a pet into the home, as landlords may place restrictions on the types or sizes of pets allowed.
At the same time, service animal legal protections in Austin and across the country apply to tenants with special needs. Landlords must understand Texas service animal laws and federal housing requirements to stay compliant.
Below, we’ll examine how service animals vs. emotional support animals differ— and what landlords can and cannot charge under Texas pet fee laws.
What Defines a Service Animal?
There are two main types of assistance animals: service animals and emotional support animals (ESAs).
A service animal is specifically defined as a dog trained to perform specific tasks for people with a disability. This can include alerting its owner to danger and guiding them as they walk.
An emotional support animal, meanwhile, can be any type of animal that provides companionship and support. Most of the time, the owner is experiencing a psychiatric or mental disability.
This distinction between service animals and emotional support animals is important under state and federal law.
Service Animal vs Emotional Support Animal: Pet Fees in Austin
There are two main aspects of assistance animals landlords need to pay attention to.
The Fair Housing Act is a federal law that covers a wide variety of housing concerns, including landlord-tenant rights.
Under the FHA, landlords typically must make an exception to allow assistance animals, even if they don’t usually allow pets. They may not have to do so if the landlord can prove they would incur high costs or would need to alter their property to accommodate the animal.
Under Texas service animal laws, only official service animals receive full legal protection. In fact, service animals aren’t considered pets since they are essential to their owner’s lives, which means landlords can’t charge a pet fee for them.
Pet fee laws in Texas do allow landlords to charge a pet fee for emotional support animals. While they provide comfort, they aren’t granted the same fee exemptions as service animals.
Common Issues Tenants and Landlords Face
Service animals and emotional support animals can cause confusion and issues for both tenants and landlords.
Tenants may complain about pet fees for emotional support animals and could be uncertain about how and when to submit documentation for their service animal.
Landlords, meanwhile, may worry about damages the pets can cause and about staying compliant with all local and federal laws.
While it’s not required, landlords in Austin can request limited verification if the disability or need for a service animal isn’t apparent, though they must limit the request to the need for the animal and not about the tenant’s disability.
1836 Property Management’s Pet Approval Process
To minimize confusion and ensure compliance, 1836 Property Management has developed a clear pet approval process.
This process ensures there are no unauthorized pets on the premises, protecting tenants from potential lease fines and helping landlords maintain oversight of their properties.
From a client perspective, it provides added peace of mind. Landlords are ensured that tenants abide by their lease terms and that properties remain protected.
This is just one example of how 1836 Property Management delivers expert property management services in Austin.
1836 Property Management can be reached at (512) 994-4323. For more information, please contact us today.
