By the LeaseHelper editorial team
Florida gives landlords wide latitude on pet deposits and fees — but the ESA rules that run alongside them are strict enough to trigger a fair housing complaint if you get even one element wrong.
This post covers the five most damaging mistakes Florida landlords make when charging for pets, structuring pet addendums, and handling emotional support animal requests. We cite the specific statutes — Fla. Stat. § 83.49, § 760.27, and § 413.08 — so you can check the primary source yourself.
Mistake 1: Treating the Pet Deposit as Separate from Security Deposit Rules
Many Florida landlords collect a "pet deposit" and then handle it informally — skipping the disclosures and timelines they follow for the regular security deposit. That's a mistake with real consequences. Section 83.49 of the Florida Statutes governs any money deposited or advanced by a tenant on a residential rental agreement as security for performance — and this includes pet deposits. That means the same holding, disclosure, and return deadlines apply.
Specifically, if the landlord does not intend to impose a claim on the security deposit, they must return it within 15 days after the termination of the rental agreement. If they do intend to make a claim, they must provide the tenant written notice by certified mail within 30 days after the termination of the rental agreement, stating the intention and reason for the claim. Miss the 30-day window and you forfeit your right to withhold anything.
If the landlord fails to give the required written notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit, but may file an action for damages after returning the security deposit to the tenant. In other words, you can still sue — but you've already lost the deposit as a remedy. Don't let a calendar miss cost you thousands of dollars in pet damage recovery.
One additional wrinkle: under § 83.49(2), after receiving a security deposit or advance rent, the landlord must provide written notice to the tenant within 30 days — but this requirement applies to any landlord who rents five or more individual dwelling units. If you have fewer than five units, you're exempt from that specific disclosure requirement, but the return-and-claim timelines still apply.
Mistake 2: Assuming Florida Caps What You Can Charge — or That You Can Charge Anything
Landlords on both sides get this wrong. Some believe Florida limits pet deposits to one month's rent. Others assume they can charge whatever they like with no documentation. Both are mistaken in ways that can hurt you.
Florida does not impose a statutory cap on security deposits. Unlike Arizona, which caps deposits at 1.5 times monthly rent, Florida landlords may charge whatever amount the market supports. In practice, one to two months' rent is standard across most Florida markets, but there is no legal maximum. The same absence of a cap applies specifically to pet deposits and pet rent: as of 2025, Florida rental laws continue to allow landlords to decide whether to charge pet rent, and the state has no specific cap or limit on how much can be charged — the amount must simply be reasonable and written in the lease.
Non-refundable pet fees occupy a gray zone worth understanding clearly. A non-refundable pet fee in Florida is legal if it is clearly stated in the lease. However, some landlords charge a one-time, non-refundable fee for "deep cleaning" or "wear and tear" — but if you call it a "fee," you likely can't later use it to pay for actual damages. It's just extra income. Label every charge precisely in the lease — refundable or non-refundable, and what it covers.
Mistake 3: Charging Pet Fees for a Service Animal or ESA
This is the highest-stakes mistake on the list. Federal law — the Fair Housing Act — says tenants with disabilities have a right to "reasonable accommodation." That means service animals and emotional support animals are not pets. If a qualified tenant has one, your "no pets" policy does not apply. The same rule wipes out any pet deposit, pet rent, or pet fee you would otherwise charge.
Florida reinforces this at the state level through two statutes. Florida Statute § 760.27 defines an emotional support animal as "an animal that does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support by virtue of its presence which alleviates one or more identified symptoms or effects of a person's disability." Under that same section, a person with a disability or disability-related need must, upon request and approval by a housing provider, be allowed to keep such animal in his or her dwelling as a reasonable accommodation in housing, and such person may not be required to pay extra compensation for such animal.
Service animals have parallel protection under Fla. Stat. § 413.08. An individual with a disability who has a service animal is entitled to full and equal access to all housing accommodations and may not be required to pay extra compensation for such animal — however, such individual is liable for any damage done to the premises or to another individual on the premises by the animal.
Critically, getting this wrong means you're not just losing a deposit — you're facing a discrimination complaint from the Florida Commission on Human Relations. Landlords who wrongfully refuse an ESA or service animal accommodation can face fair housing complaints, with possible fines and even punitive damages for willful violations.
Mistake 4: Accepting or Rejecting ESA Documentation Without Knowing What Florida Requires
Florida's ESA documentation rules are among the strictest in the country, and most landlords don't know exactly what they're allowed to ask for — or reject. Getting this wrong in either direction is dangerous: demanding too much looks like discrimination; accepting obviously fake paperwork leaves you exposed.
Housing providers must follow both Florida Statutes § 760.27 and HUD's assistance animal guidance when evaluating requests. Under § 760.27, if a person's disability is not readily apparent, the housing provider may request reliable information that reasonably supports that the person has a disability. That reliable information may include information from a health care practitioner, a telehealth provider, or any other similarly licensed practitioner — as long as that practitioner has personal knowledge of the person's disability and is acting within the scope of his or her practice.
What you can reject outright: an ESA registration card, vest patch, certificate, or similar product purchased online is not sufficient proof of a disability or a need for an ESA. Florida's statute calls this out explicitly. These registrations are not issued or endorsed by any government agency, and landlords are right to reject them as standalone evidence.
What you cannot ask for: if a person's disability-related need for an emotional support animal is not readily apparent, you may request reliable information that reasonably supports the person's need for the particular animal being requested — but you cannot demand the tenant's diagnosis, medical records, or personal health details. The inquiry is limited to establishing the disability-related need for that specific animal.
Florida also penalizes the other side of this equation. Knowingly and willfully misrepresenting an animal as an ESA, or providing fraudulent ESA documentation, is a second-degree misdemeanor punishable by up to 60 days in jail, a $500 fine, and community service hours that include work for an animal shelter. A practitioner who writes an ESA support letter without actually having personal knowledge of the person's disability or their need for that specific animal is subject to professional discipline under Florida Statute § 456.072.
Mistake 5: Writing a Pet Addendum That Doesn't Distinguish Between Pets, ESAs, and Service Animals
A pet addendum that lumps all animals together — or that applies pet fees universally — creates legal exposure the moment a tenant with a disability moves in. Your lease documents need to draw the same distinctions Florida law draws.
The table below summarizes what you can and cannot do for each animal category under current Florida law:
| Animal Type | Governing Law | Pet Deposit Allowed? | Non-Refundable Pet Fee Allowed? | Monthly Pet Rent Allowed? | Breed/Size Restrictions Allowed? | Tenant Liable for Damage? |
|---|---|---|---|---|---|---|
| Ordinary Pet | Fla. Stat. Ch. 83 (RLTA) | ✅ Yes — no cap, must be reasonable | ✅ Yes — must be stated in lease | ✅ Yes — no cap, must be in lease | ✅ Yes | ✅ Yes |
| Emotional Support Animal (ESA) | Fla. Stat. § 760.27; FHA | ❌ No | ❌ No | ❌ No | ❌ No (breed/size restrictions do not apply) | ✅ Yes — liable for actual damage under § 760.27(4) |
| Service Animal | Fla. Stat. § 413.08; ADA; FHA | ❌ No | ❌ No | ❌ No | ❌ No | ✅ Yes — liable for actual damage under § 413.08 |
Your pet addendum should explicitly state that its terms — fees, deposits, and restrictions — apply only to animals that are not assistance animals as defined under federal or Florida law. A single paragraph of carve-out language does the job. Without it, a tenant can credibly argue your blanket pet fee applies to their ESA, even if you never intended that.
Pet rules like breed or weight limits and pet fees do not apply to ESAs. And per Florida law, landlords cannot deny an ESA based on insurance policies, stereotypes, or breed restrictions. That last point surprises many landlords whose property insurance excludes certain breeds — but insurance exclusions don't create a legal right to deny an ESA. Consult your insurer and an attorney if a breed-specific coverage conflict arises.
What to Do When an ESA Request Arrives Mid-Tenancy
A tenant who didn't disclose a disability when they signed can still submit an ESA accommodation request after move-in. Delays or stalling tactics are considered discriminatory under Florida fair housing rules, so you need a clear process ready before it happens.
When a request lands in your inbox: ask for a written accommodation request, review the supporting documentation from the tenant's Florida-licensed provider, verify the provider's license number if you have questions, and respond in a reasonable timeframe. A housing provider may deny a reasonable accommodation request for an emotional support animal only if such 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.
If you deny the request and your denial doesn't meet that standard, the tenant can file with both HUD and the state. Florida tenants may file with the Florida Commission on Human Relations (FCHR), which handles state-level discrimination complaints. The FCHR can be reached at (850) 488-7082. A discrimination finding can result in fines, damages, and attorney fee awards against the landlord.
Under Fla. Stat. § 760.27(4), a person with a disability or disability-related need is liable for any damage done to the premises or to another person on the premises by his or her emotional support animal. So you're not without recourse if the animal damages the unit — you simply can't charge for that risk upfront with a deposit or fee. Document the unit's condition at move-in, conduct periodic inspections with proper notice, and use your existing security deposit and civil remedies if damage occurs.
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Get started →Frequently asked questions
Can I charge a higher security deposit to cover potential pet damage in Florida?
Yes, Florida allows landlords to collect a pet deposit on top of a standard security deposit, and there is no statutory cap on the total amount under Fla. Stat. Ch. 83. The deposit must be reasonable in amount and clearly described in the lease as refundable. It is governed by the same rules as any other security deposit: you must return it within 15 days if you make no claim, or send a certified-mail notice of your claim within 30 days under Fla. Stat. § 83.49. Missing the 30-day window forfeits your right to withhold any portion of the deposit.
A tenant just handed me a printed "ESA registration certificate" from a website. Do I have to accept it?
No. Florida Statute § 760.27 explicitly requires reliable documentation from a licensed health care practitioner who has personal knowledge of the tenant's disability — not an internet-issued certificate, vest, or registration card. You can and should reject a certificate purchased online as standalone documentation. You may request the provider's Florida license number and verify it with the appropriate licensing board. What you cannot do is demand the tenant's specific diagnosis or medical records, or use the invalid document as grounds to deny the accommodation outright if the tenant can supply proper documentation.
My tenant's ESA caused significant carpet and subfloor damage. Can I deduct from the security deposit?
Yes — the tenant is liable for actual damage caused by their ESA under Fla. Stat. § 760.27(4) and § 413.08. The prohibition is on charging pet fees or deposits upfront as a condition of allowing the animal. Once damage occurs, you can apply the regular security deposit and send the required § 83.49 notice of claim within 30 days of lease termination. If the damage exceeds the deposit, you can pursue the tenant for the remainder in small claims court. Keep thorough move-in and move-out documentation — photos, written condition reports — to support any deduction.
I have a strict no-pets policy. Can I still enforce it against tenants who disclose they need an ESA?
Not if the tenant's disability-related need is legitimate and properly documented under Fla. Stat. § 760.27 and the Fair Housing Act. An ESA is a reasonable accommodation, and a blanket "no pets" policy does not override federal or state fair housing law. The only lawful grounds to deny an ESA are: (1) the specific animal poses a direct, documented threat to the safety or health of others that cannot be eliminated by another accommodation, or (2) the documentation is fraudulent. Denial on any other basis — including breed, size, property insurance terms, or personal preference — can trigger a complaint with the Florida Commission on Human Relations (FCHR) or HUD.