Do California Landlords Really Have to Accept Emotional Support Animals?
Jennifer Jung 
Are you currently renting in California (or are you thinking of making the big move there) and have an emotional support animal (ESA)?
If so, you’re likely wondering if a landlord has the power to deny your ability to have your furry friend by your side while living on their property. This is a legit question, especially with more and more people leaning on ESAs for mental and emotional support, and some landlords digging in their heels to stop them.
The Good news: The law usually backs you and your furry friend. But there’s a bit of fine print you need to know about to protect yourself and avoid a fight.
Yes, Most Landlords in California Are Legally Required to Accept Emotional Support Animals
It’s important to know that two important laws address your rights to have an ESA living with you (both federally and within California law): The Fair Housing Act (FHA) and the state’s Fair Employment and Housing Act (FEHA).
Both of these acts require landlords to perform what is called a “reasonable accommodation” for tenants who have been accepted for ESAs, even if they don’t normally allow pets in their buildings.
What does this mean for you?
If you do your due diligence and gather the right documentation, your landlord generally can’t turn you away just because you live in a no-pet apartment. It also means your animal can’t be denied due to their breed or size.
That’s right, Pit Bulls, Doberman, Huskies, and other traditionally labeled “aggressive” or oversized breeds are safe from discrimination.
What Makes an Animal an ESA?
To officially qualify, you must be able to prove you have a mental or emotional condition that makes it difficult to navigate through daily life. This can include anxiety, depression, and many other conditions that can be supported and eased by a furry companion.
By way of an official letter, your licensed mental health professional must confirm that you struggle with some form of mental or emotional ailment and state that the presence of your animal helps ease symptoms.
Don’t worry, the letter doesn’t have to be specific. Simply a general statement to prove your ESA is necessary.
It’s important to note that, unlike service animals, ESAs don’t need special training. They just need to be part of your treatment plan—and officially documented through a valid ESA letter.
What an ESA Letter Needs to Say (Especially in California)
Not all ESA letters are created equal, especially in California. To be legally valid here, your California ESA letter must be written by a provider licensed in California if you live in the state.
It also must:
- Include the provider’s name, license number, and type of license
- Be dated and confirm your qualifying condition
- Meet California’s 30-day rule (the provider must have worked with you for at least 30 days before issuing the letter)
Skipping any of these steps can make your letter invalid, so it’s important to work with a provider who knows California law. Pettable is a fantastic resource that ensures letters comply with state and federal requirements, making this process smooth and easy from the start.
What Landlords Can and Can’t Do as it Relates to ESAs
Let’s clear up a few common misconceptions. Here’s what your landlord can’t do if your ESA is properly documented:
- Deny you housing just because of your ESA
- Charge extra pet rent or deposits
- Refuse your ESA based on breed, size, or weight
- Ask for your medical records or a diagnosis
However, landlords can:
- Request a copy of your ESA letter
- Confirm that the letter meets legal requirements
- Deny animals that are actually proven to be aggressive, cause major damage, or create serious health/safety risks
At the end of the day, so long as you have the proper paperwork and are not trying to house a dangerous (or otherwise problematic) animal, your rights are protected.
For a clear, trustworthy overview of emotional support animal laws in California, including what qualifies, what landlords can ask, and how to stay protected—Pettable is a great place to start.
What to Do If a Landlord Says No
If you’re following the laws and regulations to a T and your landlord is still offering push-back, you’re not out of options. Here are some resources for you to file a complaint with:
- The California Civil Rights Department (CRD)
- The U.S. Department of Housing and Urban Development (HUD)
If your landlords violate ESA housing laws, they’ll be facing some pretty steep penalties. Just make sure to keep all communication in writing, save copies of your ESA letter, and stay calm and clear in your responses.
Real-Life ESA Situations in California
Here are a few examples of how the law plays out in practice:
- Your building has a strict “no pets” rule → Still protected
- Your ESA is a pit bull or other restricted breed → Breed doesn’t matter under ESA law
- Your landlord tries to charge pet rent → Not allowed for emotional support animals
- You have an unusual ESA, like a pig or reptile → May be denied if it’s unsafe, unsanitary, or unreasonable to accommodate
A Final Word: Your Rights Matter—So Use Them Wisely
Having an ESA can make a real difference in your mental health and quality of life. In California, the law recognizes that and offers strong protections. If your paperwork is in order, your landlord can’t legally stand in the way.
That said, being respectful, clear, and well-informed goes a long way. By knowing your rights—and your responsibilities—you’ll be better equipped to advocate for yourself and maintain a healthy tenant-landlord relationship.
Ready to get your pet ESA certified? Visit Pettable today and get started!
FAQs
Q: Can my landlord refuse my ESA if they have a strict no-pet policy?
No. Federal and state housing laws override general pet restrictions if your ESA documentation is valid.
Q: Can a landlord charge pet rent or a deposit for an ESA?
No. Emotional support animals aren’t considered pets under the law, so extra fees don’t apply.
Q: What if my ESA is a large or restricted breed?
Breed and size rules don’t apply to ESAs. The only exception is if the animal poses a legitimate risk.
Q: Can a landlord ask to verify my ESA letter?
Yes, they can confirm the letter includes the required legal details. But they can’t ask for your diagnosis or treatment history.
Q: What if I haven’t been seeing my therapist for 30 days yet?
In California, you’ll need to wait until that 30-day relationship is established before the letter can be considered valid.
