The Landlord's Guide to Emotional Support Animal Laws in Tampa

Tampa is consistently ranked as one of the most pet-friendly cities in the country, and if you’re a landlord here, you’ve probably seen that firsthand. But even in a place where pets are common, emotional support animals (ESAs) bring a unique set of legal rules that differ from standard pet policies. As a landlord, understanding the emotional support animal laws in Tampa is one of the best ways to protect yourself from fair housing violations, reduce conflict with tenants, and create a welcoming community for residents. 

This guide will walk you through everything you need to know, including how to verify a legitimate request, when you can legally say no, and what to do if a tenant tries to pass off a pet as something more. The more you know, the easier it will be to protect your rental without crossing legal lines.

What Is an Emotional Support Animal?

Emotional support animals in Tampa are more than pets. To count as an ESA, the animal must provide emotional or mental health support to someone with a diagnosed psychological disability. That might include conditions like anxiety, PTSD, panic disorders, or depression. These animals don’t need to be trained for specific tasks like service animals do. They just have to help the tenant cope with their condition through companionship and comfort. 

The majority of emotional support animals in Tampa are dogs or cats, but the law doesn’t limit it to just those. As long as the animal is domesticated, it usually qualifies. Miniature pigs, birds, rabbits, and guinea pigs have all been accepted as ESAs, offering different forms of support. 

ESAs are considered medical necessities for a reason. Research has shown that when these animals are included as part of a mental health treatment plan, they can offer numerous benefits, including: 

• Lower blood pressure and heart rate
• Increased production of oxytocin, a hormone tied to bonding and closeness
• Reduced levels of cortisol, the body’s stress hormone
• Fewer symptoms of anxiety and depression
• Improved sleep 
• Greater confidence in social situations
• More regular physical activity, especially for animals needing walks
• More daily structure and responsibility 

Being an accommodating and compassionate landlord starts with understanding how important emotional support animals in Tampa are for many tenants’ mental well-being. 

The Differences Between Service Animals and Emotional Support Animals

The emotional support animal laws in Tampa treat ESAs differently than service animals and pets, and it's important to know what makes each one unique.

• Pets: Pets can be any type of species and are subject to your property’s rules. Since they’re not covered by the emotional support animal laws in Tampa, you can approve or deny them, charge pet deposits, limit breeds or sizes, and enforce no-pet policies.

• Service animals: Service animals are protected under the Americans with Disabilities Act (ADA), allowing them to enter most public spaces. These are typically dogs (or miniature horses) trained to perform specific tasks, like guiding someone with vision loss or alerting a person to an oncoming panic attack or seizure. You can’t charge fees for them or request documentation, but you can ask whether the animal is needed for a disability and have the tenant describe the task it has been trained to perform. 

• Emotional support animals: ESAs are protected under state housing laws and the federal Fair Housing Act (FHA), but not the ADA. They’re not allowed into all public spaces and they don’t perform tasks, but they still play a medical role. Tenants must provide valid documentation, and once they do, you’re legally required to allow the animal.

Treating an ESA like a regular pet (by charging fees or denying it outright) can violate the emotional support animal laws in Tampa. On the flip side, treating it like a service animal means missing out on your right to request documentation. Knowing the difference keeps you both compliant and in control, protecting your property and other tenants from issues like damage, aggressive behavior, excessive barking, and more. 

Which Laws Protect Emotional Support Animals in Tampa?

Emotional support animals in Tampa are required to follow both federal and state housing laws. The Fair Housing Act (FHA) is the main law at the federal level, while Florida’s own protections are outlined in Statute 760.27. Together, they ensure that individuals with disabilities aren’t discriminated against and denied housing because of their need for an ESA.

Under these laws, landlords must provide a reasonable accommodation for the disability by:

• Waiving no-pet policies for tenants with valid ESA documentation
• Refraining from charging pet deposits, pet rent, or extra fees
• Ignoring breed, size, or weight restrictions that would otherwise apply
• Keeping any ESA paperwork confidential as part of the tenant’s medical record

Although you can’t collect pet rent or other fees, you are able to charge the tenant for any property damage caused by their ESA. The tenant is also responsible for ensuring the animal isn’t disturbing other residents and must clean up after them.

How to Validate Emotional Support Animals in Tampa

If you receive a request for an ESA, your first step should be to verify that it’s legitimate. The emotional support animal laws in Tampa give you the right to ask for documentation, but only within specific limits. The goal here is to confirm that the tenant has a disability-related need for the animal, not to pry into their personal medical history. 

To do that, you’ll need to request a valid ESA letter. Florida Senate Bill 1084 requires that the letter come from a licensed mental health professional. That includes therapists, counselors, LCSWs, psychiatrists, or general practitioners who have “personal knowledge” of the tenant’s condition. This usually refers to an ongoing therapeutic relationship with the tenant. 

If the provider is located out of state, the tenant must have seen them in person a minimum of one time, even if they now receive services via telehealth. Additionally, if a tenant requests multiple emotional support animals in Tampa, you can request documentation explaining the specific need for each one, along with proof of vaccination. 

Emotional Support Animal Housing Letter Checklist

To ensure you’re only approving legitimate ESAs, the emotional support animal laws in Tampa allow you to review ESA letters carefully. A valid ESA letter should:

• Be written by a licensed mental health provider or healthcare professional
• Be dated within the past 12 months
• Clearly state that the tenant has a qualifying disability
• Explain that the animal helps relieve one or more symptoms of that condition
• Include the provider’s license number and contact information
• Be printed on the provider’s official letterhead

Look out for documentation that comes from online-only services. HUD has stated that these websites often charge fees for ESA letters, patches, certificates, or cards, even though these documents have no real value. If there’s no provider-patient relationship or something else seems out of place, you can follow up with the tenant to figure out whether the letter is legitimate. However, be careful about what you ask. You are allowed to verify the provider’s credentials through Florida’s state licensing board, but you can’t ask for more of their private health records.

Florida Statute 817.265 makes fraudulent ESA requests a misdemeanor in Florida, punishable by fines and 30 hours of community service for an organization that serves people with disabilities. Both tenants and healthcare providers who falsify ESA letters can be held liable. 

As a landlord, ensuring every ESA letter meets the right criteria can help protect your property while ensuring other tenants are kept safe and undisturbed by potentially untrained animals. 

Can Landlords Reject Emotional Support Animals in Tampa?

Landlords are generally not allowed to reject emotional support animals in Tampa. Since they are protected under federal and state laws, denying one without a valid reason can lead to violations. That said, you do still have rights as a property owner, especially when the animal creates safety, health, or operational concerns. 

When Can a Landlord Legally Say No to an ESA?

Although the emotional support animal laws in Tampa require most landlords to accommodate ESAs, some exemptions to the FHA do exist. If one of these applies to you, you may not be legally required to approve ESA requests at all: 

1. You live in the property and rent out four or fewer total units
2. You own and lease out three or fewer single-family homes, as long as you do so without the help of a broker
3. Your property is run by a religious organization and only houses members of that faith
4. Your rental is part of a private club that limits residency to members
5. Your property is a senior housing community meant for residents aged 55 or older

Even if you don’t fall into one of these categories, there are other reasons you can say no to an ESA request:

• The tenant fails to provide valid documentation from a licensed professional
• The animal poses a direct threat to the health or safety of others that cannot be mitigated
• The animal is not housebroken or causes serious sanitation issues
• The animal causes significant damage to the unit or common areas
• The request would cause an undue financial or administrative burden
• The animal is not a typical household pet, such as a wild, exotic, or farm animal
• The documentation is fraudulent or there’s no proof of a provider-tenant relationship

Before you deny a request, be sure your decisions are based on facts, not assumptions or opinions. Handling each request the same way will help you stay fair and compliant. If you decide to turn down a request, be open and honest with the tenant to show that you took their request seriously. Make sure to document the reasoning as well, just in case they file a complaint. 

Tenants who feel their rights were violated can complain to HUD or the City of Tampa Office of Human Rights. Having a record of your interactions with the tenant and explanations of your reasoning can be helpful in fighting disputes. 

Wrapping Up: Mastering the Emotional Support Animal Laws in Tampa

Emotional support animal laws in Tampa are easy to follow once you understand them. These laws exist to make sure tenants with genuine mental health needs aren’t denied housing, but they also give you the right to ask for proper documentation and protect your property from damage and disruption. 

By understanding what makes an ESA different from other animals and knowing how to verify documentation, you can stay on good terms with your tenants and safeguard your investment. 

If you’d rather not navigate the legal side of ESA requests alone, Evernest can help. Our Tampa-based property management team knows the ins and outs of state and federal ESA laws and can assist with documentation, tenant communication, and everything in between. Contact us today and stop second-guessing whether you’re doing things the right way.