Can a landlord refuse my emotional support animal in Tennessee?

Landlords cannot refuse a qualified ESA if you have proper documentation and the animal does not pose a threat or cause major damage.

Are pet deposits or fees legal for service or emotional support animals?

No. Landlords cannot charge pet fees, deposits, or additional rent for service animals or ESAs in Tennessee.

What documentation do I need for an ESA?

A letter from a healthcare provider stating you have a disability and need the animal for support is required. No specific Tennessee state form is needed.

Who handles service animal discrimination complaints in Tennessee?

The Tennessee Human Rights Commission investigates service animal or ESA accommodation complaints.

Can a landlord ask about my disability or require details about my service animal?

No. For service animals, landlords can only ask if the animal is required due to a disability and what tasks it performs—not for details about your condition.

Service Animals and Emotional Support Animals: Rights for Tennessee Renters

Accessibility & Disability Accommodations Tennessee published: June 21, 2025

If you're renting in Tennessee and rely on a service animal or emotional support animal (ESA), it's important to understand your rights and responsibilities. Renting with an assistance animal is protected under federal law and Tennessee law, but the type of animal you have—service animal or ESA—determines how those protections apply. This article will help you navigate the key differences, required forms, and steps to take if you have or need an assistance animal in your Tennessee rental home.

Understanding Service Animals vs. Emotional Support Animals in Tennessee

Both service animals and ESAs are assistance animals, but the laws treat them differently. It's essential to know how each type is defined so you can assert your rights and meet your responsibilities as a renter.

What Is a Service Animal?

Defined by federal law under the Americans with Disabilities Act (ADA).
Must be a dog (or in some cases, a miniature horse) trained to perform specific tasks directly related to a person's disability.
Service animals are not considered pets under the law.

Renters with service animals are protected under both the ADA and the federal Fair Housing Act (FHA). Landlords must allow service animals, even if they have a "no pets" policy.

What Is an Emotional Support Animal?

Recognized under the Fair Housing Act (FHA), not the ADA.
Can be any type of animal.
Provides emotional or psychological support to someone with a disability, but does not require specific training.

ESAs are also protected by federal housing law. Landlords may require reasonable documentation that the renter has a disability and a disability-related need for the animal.

Your Legal Protections as a Renter

Federal and Tennessee law require landlords to make reasonable accommodations for renters with disabilities who need a service animal or ESA. This means:

Landlords must allow service animals and ESAs, even if pets are generally banned.
Landlords cannot charge additional pet fees or pet deposits for assistance animals.
Landlords may request proper documentation for ESAs, but not for service animals.
Landlords may only deny an assistance animal if it poses a direct threat or causes significant property damage.

Which Laws Apply?

Requesting an Accommodation: Forms and Action Steps

To get a service animal or ESA approved by your landlord, you may need to formally request a reasonable accommodation. In Tennessee, there isn't a statewide mandatory form for this request, but HUD's sample forms and your own written request are acceptable. Here's how:

For Service Animals:
- Generally, you do not need to complete a form or provide documentation about your disability or animal’s training.
- Landlords can only ask if the animal is required because of a disability and what tasks it is trained to perform (not detailed or probing questions).
For Emotional Support Animals:
- You may be asked for documentation from a qualified healthcare provider stating that you have a disability and that the animal provides disability-related support.
- No specific form is required by Tennessee, but you may use the HUD Joint Statement sample forms for assistance animal accommodations.

HUD Reasonable Accommodation Request (Sample Form)

Name: Reasonable Accommodation Request for Assistance Animal (HUD)
When used: Submit this with your rental application or during your tenancy to formally request the ability to keep a service animal or ESA.
How to use: Fill out the letter or form and provide supporting medical documentation as needed. Submit it in writing to your landlord, keeping a copy for your records.
Download from HUD (see Appendix A)

For complex cases or if your landlord refuses your request, consider contacting the Tennessee Human Rights Commission—the state body that handles fair housing concerns.

Remember: Never pay extra fees for your assistance animal, and make requests or complaints in writing so you have a paper trail.

What Landlords Can and Cannot Do

Here's a quick summary for reference:

Landlords cannot charge pet fees, increase rent, or deny you housing solely because of your need for a service animal or ESA.
Landlords can request supporting documentation for ESAs, but not for fully trained service animals.
If your animal causes damage or threatens others, you may be responsible, and the landlord can take action under standard tenancy laws.

It’s always wise to communicate openly and respectfully with your landlord and address any concerns promptly.

FAQ: Assistance Animals for Tennessee Renters

Can a landlord refuse my emotional support animal in Tennessee?
Landlords cannot refuse a qualified ESA if you have proper documentation and the animal does not pose a threat or cause major damage.
Are pet deposits or fees legal for service or emotional support animals?
No. Under federal law and Tennessee law, landlords cannot charge pet fees, deposits, or additional rent for service animals or ESAs.
What documentation do I need for an ESA?
You need a letter from a healthcare provider stating you have a disability and need the animal for support. There is no specific Tennessee state form.
Who handles service animal discrimination complaints in Tennessee?
The Tennessee Human Rights Commission investigates service animal or ESA accommodation complaints.
Can a landlord ask about my disability or require details about my service animal?
No. For service animals, landlords may only ask if the animal is required for a disability and what tasks it performs. They cannot ask for details about your condition.

Conclusion: Key Takeaways for Tennessee Renters

Service animals and emotional support animals have different legal definitions and documentation requirements.
Landlords must make reasonable accommodations for assistance animals and cannot charge pet fees or deposits.
Use official HUD resources for accommodation requests, and contact the Tennessee Human Rights Commission for help with disputes.

Knowing your rights and following recommended procedures protects both you and your landlord, making renting with an assistance animal smoother for everyone.

Need Help? Resources for Renters

Tennessee Human Rights Commission (Fair Housing) – File a discrimination complaint or seek guidance.
U.S. Department of Housing and Urban Development – FHEO – Federal fair housing information.
Tennessee Housing Development Agency (THDA) – Housing programs and renter resources.
Tennessee Fair Housing Laws Summary (PDF)