*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS^® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.

Q: “We had a tenant just move out. The tenant had two emotional support animals (ESAs), one cat and one dog. When we went to inspect the property after moveout, we found a tremendous amount of damage that appears to have been caused by the animals (scratches on doors and walls, chewed up blinds, stains on the floor, etc.). Are we allowed to charge against the security deposit for that damage?” 

A: Yes, any damage caused by an animal, whether it is a pet or an assistance animal, can be charged against the security deposit. Under § 36-96.3:1(A) of Virginia Fair Housing Law, tenants who have assistance animals, “…shall be responsible for any physical damage to the dwelling if residents who maintain pets are responsible for such damage….” So, as long as tenants with pets are also held responsible for damage caused by their animals, tenants with ESAs can likewise be held responsible for damage caused by their animals. 

Have a question about this article? Submit it to the Legal Hotline!

The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).

Here are some tips to help make the Legal Hotline work for you!