Emotional Support Animal Lease Addendums: What They Can and Can't Include

Updated October 26, 2026 · 5 min read

An addendum is a short document added to your lease. For an emotional support animal, it usually records that the landlord approved your accommodation and sets out some expectations. Signing one is normal. What's in it is what matters. This page is general information, not legal advice. If a clause worries you, a tenant's attorney or your state fair housing agency can review it.

Why landlords use an ESA addendum

From the landlord's side, an addendum documents that the no-pets rule has an approved exception for your animal, so other staff and future managers know about it. From your side, it's written proof that your accommodation was granted. That can be useful later, especially if the property changes hands or a new manager arrives.

What an addendum can fairly include

• The animal's details. Species, name, and often a description or photo, so staff can recognize it.
• The rules every tenant follows. Not disturbing neighbors, keeping your unit clean and keeping the animal under control in shared areas. An accommodation changes the pet rule for you. It doesn't excuse anyone from ordinary conduct rules.
• Damage on the same terms as other tenants. The 2004 HUD and Justice Department joint statement, which is still in effect, says a landlord may charge a tenant for damage an assistance animal causes, or deduct it from the standard security deposit, if the landlord normally charges tenants for damage they cause.
• Local law compliance. Licensing and vaccination rules apply to every animal. The Justice Department notes that even trained service animals aren't exempt from local animal control and public health requirements.
• Waste and cleanup. Where the animal can relieve itself and that you'll clean up after it.

Clauses worth questioning

These are the parts to read slowly and, if needed, ask the landlord to change:

• Extra fees, deposits or pet rent. The joint statement says housing providers may not require people with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation, and uses an assistance animal as its example. Since May 2026, HUD presumes a request is reasonable only when the animal is trained to do disability-related tasks, so for an untrained ESA the answer can depend on your state and your landlord. It's still worth asking for these charges to be removed, in writing.
• Costs that apply only because of the animal. Anything that costs you money only because of the accommodation, such as an animal-specific insurance requirement or a separate cleaning charge, is worth questioning under the same principle. Ask whether every tenant has the same requirement.
• Medical questions. The joint statement says landlords usually can't ask about the nature or severity of a disability. When a disability isn't obvious, a landlord may request only the information needed to evaluate the disability-related need for the accommodation. An addendum that asks for your diagnosis, treatment history or medical records goes beyond that.
• Cancellation at will. A clause letting the landlord withdraw the accommodation for any reason, without notice, undercuts the approval. The Fair Housing Act lets a landlord act when a tenancy would pose a direct threat to others' health or safety or cause substantial physical damage to others' property, judged on objective evidence. Ask for any removal clause to be tied to real problems, with notice and a chance to fix them.
• Waivers of your rights. Be cautious about any clause asking you to give up fair housing rights or to agree in advance that the landlord isn't responsible for following the law. Ask for it to be removed, or get advice before signing.
• Breed, size or weight limits. These depend on your state and your animal after HUD's 2026 change. See breed and weight restrictions.

Examples of fair wording

If the landlord asks you to suggest changes, plain wording like this keeps things balanced:

These are examples, not a form you're required to use. Your landlord may have their own wording.

How to ask for changes

1. Don't sign on the spot. Ask for a copy to review. A landlord should respond promptly to accommodation matters, and the joint statement says undue delay can count as a refusal, so this shouldn't hold things up for long.
2. Reply in writing. List the clauses you'd like changed and suggest replacement wording.
3. Explain briefly. Point to the 2004 joint statement for fees and medical questions, and to your state's fair housing law.
4. Keep the tone practical. Most landlords use a template and will adjust it when asked clearly.
5. Keep a signed copy of the final version with your lease.

If your landlord doesn't use one

You don't need an addendum to have an approved accommodation. If your landlord approves your request by email or letter, save it. A short written confirmation that names the animal and says no pet charges apply serves the same purpose. If your request hasn't been made yet, our guide on how to ask your landlord has a template.

Frequently asked questions

Sources

1. HUD and U.S. Department of Justice, Joint Statement on Reasonable Accommodations Under the Fair Housing Act, May 17, 2004
2. Fair Housing Act, 42 U.S.C. § 3604 (Legal Information Institute, Cornell Law School)
3. 24 CFR § 100.204, Reasonable accommodations (Electronic Code of Federal Regulations)
4. Frequently Asked Questions about Service Animals and the ADA (ADA.gov)
5. HUD, Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents, Federal Register, April 6, 2026
6. Disability Rights Education & Defense Fund, summary of HUD's May 22, 2026 enforcement guidance on animal accommodations

Laws and agency positions change. We last checked this page against these sources on October 26, 2026. It is general information, not legal advice.

Related guides

• Can a landlord charge pet rent for an ESA?
• How to ask your landlord for an ESA
• Can you be evicted for having an ESA?
• ESA breed and weight restrictions