Texas rentals and your emotional support animal

How an ESA request works

Nothing gets registered here. What you're really doing is asking for a carve-out. A no-pets clause, a one-pet limit or a weight cap is a housing rule, and Texas and federal law both bar a provider from rejecting a sensible rule change that your disability makes necessary for equal enjoyment of your home.

Make the ask on paper or by email, save a copy, and include your ESA letter. Under 2004 guidance from HUD and the Justice Department, a landlord facing a request tied to an unseen disability may want supporting details, but generally can't press you for a diagnosis or ask how bad it is.

What to include with your request

1. A short written requestIdentify the animal, point to the rule you want adjusted, and mention that the request is disability-related. Your diagnosis can stay private.
2. Your ESA letterLook for one signed by a licensed clinician after a real assessment, listing what license they hold, the number and the state behind it, and explaining why the animal matters for your health.
3. Basic animal recordsVaccination and city registration records answer common questions and show you're a responsible owner.
4. A date to follow upAsk for a reply in writing. If weeks pass with no answer, a polite written follow-up builds your record.

Apartments and the TAA addendum

Many Texas apartment communities use Texas Apartment Association lease forms, including an Animal Addendum. In the January 2015 edition (Form 15-E), paragraph 5 says the owner won't charge an animal deposit, additional rent or other fee "for any authorized assistance or service animal." Current TAA forms are member-only, so the wording in your lease may differ. Read the addendum you're actually asked to sign.

Whether a property treats an approved ESA as an "assistance animal" under that addendum is up to the property and its reading of the law. Ask management to say in writing how they're classifying your animal and which fees, if any, apply.

Condos, HOAs and small landlords

Section 301.025(c)(2) talks about accommodations in a provider's rules, policies, practices and services, so an association's pet restriction is fair game for a request, just like a lease clause. Send your request to the board or management company in writing, the same way you would to a landlord.

Two kinds of housing are exempt under §301.041: a single-family home rented by an owner with three or fewer houses of that kind who uses no broker or agent, and a building for four or fewer families where the owner lives in one unit. If you're renting a room in your landlord's fourplex, Texas's accommodation rule may not apply.

Pet deposits and pet rent in 2026

This is where 2026 changed the most. HUD's May 22, 2026 memo casts doubt on the 2020 no-fee stance for ESAs, and it treats untrained ESA requests as not presumptively reasonable. As federal enforcement stands now, a Texas property could be permitted to add a pet deposit or monthly pet rent for an untrained ESA.

Trained service dogs are treated differently. Texas HRC §121.003(h) bars extra charges and deposits for a service animal in housing, and the 2004 HUD/DOJ guidance tells providers not to make any accommodation depend on paying more. Chapter 301 itself says nothing about fees, and we haven't found TWC guidance on ESA fees after HUD's memo.

If fees are charged, ask for an itemized written statement so every dollar is accounted for.

Damage and behavior

Approval isn't an insurance policy. Real harm the animal does can be billed to you, and even for service animals, Texas law keeps the handler on the hook for anything past ordinary wear and tear.

Behavior counts too. Under §301.025(f), a provider needn't house a tenant who would endanger others or seriously damage what belongs to them. Keep your animal supervised, clean up promptly and handle noise complaints quickly.

When a landlord says no

Get the reason on paper, then see whether you can cure it, such as by supplying missing information. If you think the refusal was discriminatory, you can file with the Texas Workforce Commission within one year, file with HUD instead (not both), or talk to a fair housing attorney about a private suit. Dallas, Austin and Fort Worth also have city fair housing offices.

Need a letter? Our fee runs $129 if your letter names one or two animals and $199 if it names three or more, and nothing is charged unless the clinician actually issues one. Approval of your request by a landlord is never guaranteed.