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Q: “We have a tenant who indicated on his rental application that he had an emotional support animal, but was unable to get a provider to fill out the proof of disability forms. He elected to apply with a pet instead and paid the $500 nonrefundable pet fee. If he gets the ESA forms signed by a provider later, do we have to refund the pet fee, as the animal is no longer considered a pet?”

A: No. While you cannot charge a pet fee for an emotional support animal, the fee that you charged the tenant as for a pet at the time that the animal was considered a pet. As the fee is nonrefundable, you would not have to give it back to the tenant if, at some point during the lease, he provides sufficient information to prove his disability. However, if you are charging monthly pet rent, you would have to stop that upon receiving the proof of his disability. 

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