Can a Virginia Landlord Charge a Pet Deposit for a Service Dog?

Can a Virginia Landlord Charge a Pet Deposit for a Service Dog?

For many landlords in Virginia, pets are a sensitive topic — especially when it comes to deposits, fees, and property damage. One of the most common (and risky) questions landlords ask is:

“Can I charge a pet deposit if the tenant has a service dog?”

The short answer is no — and getting this wrong can expose landlords to serious legal consequences.

Here’s what every Virginia landlord needs to know.

Service Dogs Are Not Considered Pets

Under federal fair housing laws, which apply throughout Virginia, service dogs are not considered pets.

Because of this:

  • A landlord may not charge a pet deposit

  • A landlord may not charge pet rent

  • A landlord may not charge a pet fee

  • Breed, size, or weight restrictions do not apply

This is true even if the lease states “no pets allowed.”

What About Emotional Support Animals (ESAs)?

While service dogs and emotional support animals are different, the rule about deposits is the same:

  • ESAs are also not considered pets

  • Pet deposits, pet fees, and pet rent may not be charged

  • Landlords may request reliable documentation supporting the need for an ESA (unlike service dogs, where documentation requests are limited)

Many landlords unintentionally violate fair housing law by treating ESAs like traditional pets.

What a Landlord Can Still Do

Although landlords cannot charge a pet deposit for a service dog, they are not left unprotected.

Landlords may still:

  • Charge the standard security deposit (up to two months’ rent in Virginia)

  • Hold tenants responsible for actual damage caused by the service dog

  • Enforce reasonable rules regarding noise, cleanliness, and behavior

  • Require that the animal does not pose a direct threat to others

What landlords cannot do is charge extra money upfront “just in case” damage occurs.

Common Mistakes Virginia Landlords Make

Landlords often run into trouble by:

  • Charging a “pet deposit” anyway

  • Renaming it a “pet fee” to bypass the rule

  • Denying a service dog based on breed or size

  • Asking for improper documentation

  • Applying pet policies to assistance animals

Even well-intentioned mistakes can result in fair housing complaints, fines, and legal costs.

How Mo Wilson Properties Protects Landlords

At Mo Wilson Properties, fair housing compliance is built into every step of our leasing and management process.

We help landlords by:

  • Properly handling service animals and emotional support animals

  • Structuring deposits and fees in full compliance with the law

  • Using compliant lease language

  • Documenting communication and decisions correctly

  • Protecting owners from avoidable fair housing violations

Our goal is to protect your investment without exposing you to unnecessary legal risk.

The Bottom Line for Virginia Landlords

✔ You cannot charge a pet deposit for a service dog
✔ Service dogs are not pets under the law
✔ You can recover for actual damages if they occur
✔ Mishandling this issue can be expensive

If you own rental property in Virginia and are unsure whether your lease or policies are compliant, it’s worth reviewing before a mistake turns into a problem.