Texas Real Estate Brokerage Sales Apprentice Education (SAE) Practice Exam

Can a landlord charge a pet deposit for an assistance animal designated for a handicapped individual?

1. Yes, they can charge a deposit

2. No, it is not considered a pet

3. Only if the animal causes damage

4. Only if the tenant has multiple assistance animals

The correct answer is: No, it is not considered a pet

A landlord cannot charge a pet deposit for an assistance animal designated for a handicapped individual because under the Fair Housing Act, assistance animals are not classified as pets. These animals are considered necessary for the emotional and physical well-being of individuals with disabilities, and as such, landlords must accommodate their presence without imposing additional fees or deposits typically associated with pets. This distinction is crucial because it promotes equal access to housing for individuals with disabilities by recognizing the importance of assistance animals in their daily lives. While landlords may charge for damages caused by a tenant's assistance animal—similar to how they would for any other tenant’s activity—they cannot preemptively assess a pet deposit based solely on the presence of an assistance animal, as that would contradict the provisions designed to support individuals with disabilities.