Colorado Landlords Cannot Charge Pet Deposits or Pet Rent for ESAs
Under the federal Fair Housing Act, your Emotional Support Animal is not a pet — meaning no pet fees, no pet deposits, and no monthly pet rent. Period.
What Colorado & Federal Law Says About ESA Fees
The Fair Housing Act (FHA) and HUD guidelines are clear: ESAs are not pets, so pet-related charges do not apply. Colorado's Anti-Discrimination Act (CADA) reinforces these federal protections statewide.
ILLEGAL — Landlords Cannot Charge
- Pet deposit or security deposit specifically for the ESA
- Monthly pet rent or "animal fee"
- One-time pet fee at move-in
- Additional fees to "register" or "verify" your ESA
- Breed or weight surcharge for your ESA
- Refundable or non-refundable pet deposits of any kind
- Higher base rent because you have an ESA
- Application processing fees specific to your ESA
LEGAL — What Landlords CAN Do
- Charge your normal security deposit (not ESA-specific)
- Hold you responsible for documented ESA-caused property damage beyond normal wear and tear
- Request a reasonable accommodation application and valid ESA letter
- Ask follow-up questions if your ESA letter is unclear (not your diagnosis)
- Deny the ESA if it poses a direct, documented threat to others
- Deny the ESA if the building has 4 or fewer units and the owner lives on-site
- Set reasonable rules about ESA behavior (no excessive noise, leash in common areas)
The Legal Basis: FHA § 804(f) + HUD 2013 Guidance
HUD's 2013 guidance on Assistance Animals (FHEO-2013-01) explicitly states that housing providers “may not require applicants or residents to pay fees or surcharges for assistance animals.” This applies to all ESAs and is federally enforceable. Colorado landlords who charge ESA-related fees violate both federal and state fair housing law and can be reported to the Colorado Civil Rights Division (CCRD).
Damage Liability: What Happens If Your ESA Causes Damage?
No pre-charged deposits doesn't mean zero accountability. Here's how damage claims actually work.
Normal Wear & Tear
Minor scuffs, carpet wear, and typical aging that would happen without an animal are considered normal wear and tear. Your landlord cannot charge you for these, ESA or not.
Actual ESA Damage
If your ESA causes real, documented damage beyond normal wear — like scratching hardwood floors or urinating on carpets — your landlord CAN deduct from your standard security deposit or bill you directly after move-out.
Your Protection
The key protection is that landlords cannot pre-charge you a pet deposit "just in case." They must first prove actual damage occurred and document it after move-out, just like any tenant.
Pro Tip: Document the condition of your unit at move-in with timestamped photos. This protects you from being unfairly charged for pre-existing damage — whether or not you have an ESA.
What to Do If Your Colorado Landlord Illegally Charges ESA Fees
You have legal remedies. Here's your step-by-step action plan.
Document Everything in Writing
Request (in writing) that your landlord confirm the fee in writing. Save all emails, texts, and lease addendums. Print and date any verbal demands.
Send a Formal Written Objection
Write a letter citing the FHA (42 U.S.C. § 3604(f)) and HUD 2013 guidance (FHEO-2013-01). State clearly that ESAs are not pets and that the fee violates federal and Colorado law. Request the fee be removed in 10 business days.
File a CCRD Complaint (Colorado)
The Colorado Civil Rights Division (CCRD) handles fair housing complaints free of charge. You can file online at ccrd.colorado.gov. Complaints must typically be filed within 1 year of the discriminatory act.
File a HUD Fair Housing Complaint
File simultaneously with HUD at hud.gov/program_offices/fair_housing. HUD investigates and can impose civil penalties on landlords — up to $23,011 for a first offense under the FHA.
Consult a Colorado Fair Housing Attorney
If your landlord refuses to comply, a Colorado fair housing attorney can represent you. Many take fair housing cases on contingency. The Denver Metro Fair Housing Center also provides free guidance.
How to Submit Your ESA Request Correctly (To Avoid Fee Disputes)
A properly submitted ESA request minimizes the chance your landlord imposes illegal fees.
Step 1: Get a Valid Colorado ESA Letter
Your letter must be signed by a Colorado state-licensed mental health professional (LCSW, LPC, psychologist, or psychiatrist). It should include their license number, contact info, and a statement that an ESA is therapeutically necessary for your diagnosed condition.
Step 2: Submit a Reasonable Accommodation Request
Write a formal Reasonable Accommodation Request letter to your landlord citing the FHA. Attach your ESA letter. You do NOT need to share your diagnosis — only that a licensed professional recommends an ESA.
Step 3: State Your ESA is NOT a Pet
Explicitly include the phrase: "My ESA is not a pet and I am requesting accommodation under the Fair Housing Act. Per HUD guidance, no pet deposit, pet fee, or pet rent may be charged for my ESA."
Step 4: Wait for the Legally Required Response
Colorado landlords must respond to accommodation requests within a reasonable time — typically 10 business days. If they demand illegal fees or deny without a legal reason, you have standing to file a complaint.
Our Letters Are Colorado-Specific
Every Colorado Service Animals ESA letter is signed by a Colorado state-licensed clinician, includes all HUD-required elements, and comes with a free landlord verification service. Our letters are specifically formatted to satisfy Colorado landlord requirements and minimize fee disputes.
View PricingColorado ESA Fee & Deposit — Frequently Asked Questions
My Colorado lease says I need to pay a $500 pet deposit. Do I have to pay it for my ESA?
No. Once you submit a valid Reasonable Accommodation Request with your ESA letter, the pet deposit clause in your lease does not apply to your ESA. You should notify your landlord in writing that your animal is an ESA, not a pet, and reference FHA § 3604(f) and HUD 2013 guidance.
Can my landlord require ESA insurance or renter's insurance for my ESA?
Landlords can require general renter's insurance as a lease condition, but they cannot require a separate ESA-specific insurance policy or charge you extra premiums because of your ESA.
My landlord says they'll allow my ESA but will raise my rent by $100/month. Is that legal?
No. Raising the base rent specifically because of your ESA is functionally the same as charging a monthly pet fee — it's illegal under the FHA. If your landlord does this, document it and file a CCRD or HUD complaint.
Can HOAs in Colorado charge ESA fees that landlords cannot?
No. HOAs are subject to the same FHA protections as landlords for ESAs in residential communities. They cannot charge ESA-specific fees, pet deposits, or monthly pet rent for ESAs. See our Colorado HOA ESA Rules guide for more details.
Does the ESA pet deposit exemption apply in Colorado Section 8 housing?
Yes. HUD-assisted housing, including Section 8 (Housing Choice Voucher) units, must comply with FHA reasonable accommodation rules. The no-pet-deposit rule for ESAs applies equally in Section 8 and other subsidized housing.
My ESA is a dog that the building has on a "restricted breeds" list. Can they charge extra?
No. Breed restrictions and weight limits cannot be used to charge ESA fees or deny the accommodation. The FHA overrides private breed restriction policies for valid ESA accommodations. The only exception is direct threat — proven based on that specific animal's behavior, not breed stereotypes.
Can a Colorado landlord require me to get my ESA recertified every year?
Landlords may request updated documentation if your ESA letter is more than 12 months old, which is considered reasonable. However, they cannot charge you fees for this process or require you to use a specific provider.
Related Colorado ESA Resources
Get the Letter That Protects Your Rights
A valid Colorado ESA letter from a state-licensed clinician is your most powerful tool against illegal pet fees and deposits. Start with a free 2-minute screening.