Pet Deposits, Pet Rent & ESA Rules in Minnesota 2026
State pet-deposit treatment, federal Fair Housing Act assistance-animal rules, and what Minnesota landlords can and cannot ask.
In Minnesota, your pet policy and your obligations toward assistance animals are two different legal regimes, and confusing them is where landlords get into trouble. Ordinary pets are a matter of private contract: you can charge for them, restrict them, or ban them. Service animals and emotional support animals (ESAs) are not pets under the law at all. They are reasonable accommodations governed by Minn. Stat. 504B.113, the Minnesota Human Rights Act, and the federal Fair Housing Act - and treating one like the other can expose you to a discrimination claim.
The single most important rule: you cannot charge any fee, deposit, or pet rent for a service or support animal, even under an otherwise-legal pet policy. This page lays out where your discretion ends and your accommodation duties begin.
How Minnesota Treats Pet Deposits
Minnesota has no statutory cap on the security deposit or pet deposit. The statute governs interest and return but sets no maximum.
Pets are contract; assistance animals are accommodations
For ordinary pets, Minnesota gives landlords wide latitude. You can prohibit pets entirely, cap the number or size, require a signed pet addendum, and charge a refundable pet deposit or non-refundable pet fee. Minnesota sets no statewide cap on security or pet deposits under Minn. Stat. 504B.178 - though local ordinances can be stricter, and Minneapolis limits total deposits to one month's rent. Any deposit you hold earns 1% simple interest per year and must be returned within 21 days after the tenant moves out.
Service animals and support animals fall outside all of that. A service animal is defined by the federal standard at 28 CFR 36.104 - a dog (or in limited cases a miniature horse) individually trained to perform tasks for a person with a disability. A support animal, under Minn. Stat. 504B.113, is any animal that provides emotional support alleviating symptoms of a disability and does not need any special training. Neither is a pet, and your no-pets clause does not apply to them.
You cannot charge fees or deposits for a service or support animal
This is the rule most likely to trigger liability. Under Minn. Stat. 504B.113, a landlord must not require a tenant with a reasonable accommodation to pay any additional fee, charge, or deposit for the service or support animal. That means no pet deposit, no monthly pet rent, and no per-animal charge - regardless of what your pet policy says for actual pets.
What you keep is the right to be made whole for harm. The tenant remains fully liable for any actual damage the animal causes to the unit, which you can pursue the same way you would any other tenant-caused damage. There is also a disclosure trap: if your lease charges a fee or deposit under a pet policy, the lease must disclose the prohibition on charging those amounts for service or support animals. Omit that disclosure and a tenant who paid a fee they never should have owed may be able to recover it.
What documentation you may - and may not - request
Minn. Stat. 504B.113 strikes a middle ground on verification. You may require supporting documentation for each service or support animal a tenant asks to keep as an accommodation. That documentation must come from a licensed professional - a physician, physician assistant, nurse, psychologist, mental health professional, social worker, or counselor who has an existing relationship with the tenant. Crucially, the law excludes any person or business operating primarily to certify or register assistance animals, so an online "ESA certificate" or registry card is not documentation you are required to accept.
The limits cut the other way too. You cannot require documentation when the tenant's disability or disability-related need is readily apparent or already known to you - a person who uses a guide dog, for example. You also cannot demand the tenant's medical records, access to their provider, or the diagnosis itself. You are entitled to confirmation of a disability and of the animal's connection to that disability, and no more.
When you can lawfully deny the animal
The accommodation duty is not absolute, but the exceptions are narrow and fact-specific. You may deny a request only on an individualized assessment that the particular animal is a direct threat to the health or safety of others, or would cause substantial physical damage that cannot be reduced by another reasonable accommodation. A denial based on the animal's breed, size, or weight - a blanket "no pit bulls" or "under 25 pounds" rule - is not permitted; the assessment must rest on that specific animal's actual conduct or history.
You may also deny an accommodation where the tenant has misrepresented a disability or submitted fraudulent documentation; in that case Minn. Stat. 504B.113 lets you deny the rental application or the accommodation request outright. And you can still enforce neutral rules that apply to all animals - local licensing, vaccination, and leash requirements, and genuine health-and-safety conduct standards.
A defensible workflow for Minnesota landlords
Handle every request the same way and document it. When a tenant asks to keep an animal as an accommodation, treat it as a reasonable-accommodation request, not a lease violation - even if the animal is already in the unit. If the disability and need are not obvious, request documentation from a licensed professional in writing, and respond promptly rather than letting the request sit, since delay itself can look like a denial.
Waive any pet fee, deposit, or pet rent for the animal, and make sure your lease carries the 504B.113 disclosure if it charges pet fees at all. Keep the tenant on the hook for damage through your standard damage provisions. If you believe a specific animal is dangerous, build a written, individualized record of the behavior before acting. When a request is close to the line, the Minnesota Department of Human Rights and fair-housing counsel are the right resources - a wrong denial is far costlier than a waived fee.
The Cost of Mishandling a Minnesota ESA Request
The most common mistake in Minnesota ESA cases is responding with a flat denial, "no pets means no pets", instead of engaging in the interactive process. The interactive process is itself a substantive duty. A landlord who refuses to consider the request, demands more documentation than HUD permits, or imposes a pet fee on an accepted assistance animal will lose at HUD even if the underlying accommodation could have been reasonably denied on its merits.
City-Level Eviction Risk in Minnesota
Pet-related eviction filings correlate with overall landlord-tenant litigation rates. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; 24 C.F.R. § 180.671.
- HUD guidance: HUD FHEO Notice 2020-01 (Jan 28, 2020), assistance animals as a reasonable accommodation.
- ADA service animals: 28 C.F.R. § 36.302 (Title III, public accommodations).
- Minnesota pet deposit rule: Minn. Stat. § 504B.178.
Related Guides for Minnesota Landlords
This guide summarizes Minnesota law on pets, service animals, and emotional support animals in rental housing as of 2026, drawing on Minn. Stat. 504B.113 (service and support animal documentation, enacted 2021 and amended 2024), Minn. Stat. 504B.178 (security deposits), the Minnesota Human Rights Act, the federal Fair Housing Act, and guidance from the Minnesota Department of Human Rights. It is general information for landlords, not legal advice. Local ordinances - notably in Minneapolis - can impose stricter rules, and reasonable-accommodation disputes turn on specific facts. Confirm current statutory text and consult qualified counsel or the Minnesota Department of Human Rights before denying an accommodation request or charging a disputed fee.
Frequently Asked Questions
Can a Minnesota landlord charge a pet deposit for an emotional support animal?
No. Under Minn. Stat. 504B.113, you cannot require any additional fee, charge, or deposit for a service or support animal, including a pet deposit or monthly pet rent. The tenant still remains liable for any actual damage the animal causes to the unit.
Is an online ESA certificate enough proof in Minnesota?
You are not required to accept it. Minn. Stat. 504B.113 says supporting documentation must come from a licensed professional with an existing relationship with the tenant, and it specifically excludes anyone operating primarily to certify or register assistance animals - which is what most online certificate mills do.
Can I ban certain dog breeds or set a weight limit for assistance animals?
No. A blanket breed, size, or weight restriction cannot be applied to a service or support animal. Any denial must come from an individualized assessment that the specific animal is a direct threat to health or safety or would cause substantial property damage, based on that animal's actual behavior.
When can a Minnesota landlord require documentation for a support animal?
You may request documentation from a licensed professional confirming the disability and the animal's connection to it. You cannot require documentation when the disability or the need is readily apparent or already known to you, and you cannot demand medical records or the underlying diagnosis.
Are there limits on regular pet deposits in Minnesota?
There is no statewide cap on security or pet deposits under Minn. Stat. 504B.178, but local rules can be stricter - Minneapolis, for example, limits total deposits to one month's rent. Any deposit earns 1% simple interest per year and must be returned within 21 days after the tenant vacates.
What can I do if a tenant lies about needing a support animal?
If a tenant misrepresents a disability or submits fraudulent documentation, Minn. Stat. 504B.113 allows you to deny the rental application or the accommodation request. Base that decision on the fraud itself, and keep a written record supporting your conclusion.
Federal authority: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; HUD FHEO Notice 2020-01. State authority: Minn. Stat. § 504B.178. Last updated October 23, 2026. For informational purposes only, not legal advice. Pet and assistance-animal questions are highly fact-specific; consult a licensed Minnesota attorney before refusing any request.