Pet Deposits, Pet Rent & ESA Rules in Tennessee 2026
State pet-deposit treatment, federal Fair Housing Act assistance-animal rules, and what Tennessee landlords can and cannot ask.
Tennessee gives landlords something most states don't: a specific statute governing service and support animals in rental housing, plus a criminal penalty for tenants who fake a disability claim. The rules were enacted through SB 1393, effective July 1, 2019, and appear at Tenn. Code Ann. § 66-28-406 (for tenancies under the Uniform Residential Landlord and Tenant Act, which applies in counties over 75,000 population) and the parallel § 66-7-111 for other tenancies. These state rules sit on top of the federal Fair Housing Act, which requires you to grant a reasonable accommodation for a qualifying assistance animal regardless of a no-pets policy. Ordinary pets are a separate matter entirely: Tennessee sets no statewide cap on pet deposits or pet rent, so those terms are whatever your lease says.
How Tennessee Treats Pet Deposits
Tennessee has no statutory cap on the security deposit or pet deposit. Tenn. Code § 66-28-301 governs return procedures but sets no maximum.
Ordinary pets: the lease controls, not the state
For a normal pet, Tennessee law imposes no special limits on you. There is no statewide cap on pet deposits or pet rent, no mandatory breed or size accommodation, and no statute forcing you to allow pets at all. A no-pets policy is fully enforceable, and pet deposits, non-refundable pet fees, and monthly pet rent are governed entirely by what you and the tenant agree to in the lease.
The one caution: a deposit collected as a security deposit (rather than a true non-refundable fee) is subject to Tennessee's general security-deposit rules, including the requirement to hold it in a separate account and account for it at move-out. Label pet charges clearly in the lease so a court can tell a refundable deposit from a non-refundable fee. None of this applies to a qualifying service or support animal, which is not legally a “pet” at all.
Service animals vs. support animals in Tennessee
Tennessee's housing statute defines the two categories differently, and the distinction matters for what you can ask. A service animal is a dog or miniature horse individually trained to work or perform tasks for a person with a disability (§ 66-28-406(a)(5)). A support animal is broader: any animal prescribed or recommended by a healthcare provider to provide assistance, perform tasks, or provide emotional support that alleviates a symptom of the person's disability (§ 66-28-406(a)(6)). Emotional support animals (ESAs) fall in this second bucket.
The narrow ADA service-animal definition you may have seen governs stores, restaurants, and other public accommodations, not housing. In a rental, the broader Fair Housing Act framework applies, which is why an ESA that would not qualify at a business can still qualify for a reasonable accommodation in an apartment.
No pet fees, deposits, or rent for assistance animals
This is the rule landlords miss most often. Under § 66-28-406(b), you may not require any payment as a condition of keeping a qualifying service or support animal. That means no pet deposit, no non-refundable pet fee, and no monthly pet rent for the animal, even if your standard lease charges all three for ordinary pets. Waiving those charges is part of the reasonable accommodation.
What you can still recover is actual damage the animal causes. The tenant remains liable for repair costs beyond ordinary wear, and you can pursue that damage the same way you would for any tenant-caused harm (§ 66-28-406(g)). You simply cannot front-load it as a pet charge. You also cannot apply breed, size, or weight restrictions to a qualifying assistance animal, since the accommodation overrides those policies.
What documentation you can and can't request
If a tenant's disability and the animal's connection to it are readily apparent or already known (a guide dog for a blind tenant, for example), you cannot ask for anything further. When the disability is not obvious, § 66-28-406(c) lets you request reliable documentation of the disability and the disability-related need for the animal.
The limits are firm. You may not demand the tenant's confidential or protected medical records or information (§ 66-28-406(d)), and you cannot require the diagnosis itself. Under HUD guidance implementing the Fair Housing Act, the two questions you may ask for a non-obvious disability are whether the person has a disability-related need for the animal and what the animal does for them. Tennessee also addresses the ESA-certificate mills directly: a document from a website whose primary function is to sell certificates, registrations, or licenses for a fee does not count as reliable documentation (§ 66-28-406(a)(4)(B)). A letter from the tenant's own treating provider is the reliable kind.
When a claim is fake: Tennessee's misrepresentation penalty
Tennessee is one of the states that criminalizes faking an assistance-animal claim. Under Tenn. Code Ann. § 39-16-304, fraudulently representing a disability or disability-related need to keep an animal in rental housing, or providing false documentation that an animal is a service or support animal, is a Class B misdemeanor: up to 6 months in jail and/or a fine of up to $500, plus 100 hours of community service for an organization serving people with disabilities, to be completed within 6 months.
On the civil side, the same conduct is material noncompliance and default under the lease. If a tenant misrepresents the need or hands you fabricated documentation, you may terminate the tenancy and recover damages, including reasonable attorney's fees (§ 66-28-406). Document your accommodation request and the tenant's response in writing, because that paper trail is what supports both the termination and any fee recovery.
The Cost of Mishandling a Tennessee ESA Request
The most common mistake in Tennessee 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 Tennessee
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).
- Tennessee pet deposit rule: T.C.A. § 66-28-505.
Related Guides for Tennessee Landlords
This page summarizes Tennessee's assistance-animal housing statutes (Tenn. Code Ann. §§ 66-28-406 and 66-7-111, enacted by SB 1393 effective July 1, 2019), the state misrepresentation offense (§ 39-16-304), and the federal Fair Housing Act baseline as interpreted by HUD. It reflects law current as of 2026 and is general information for landlords, not legal advice. Statutes and local ordinances change, and disability-accommodation disputes turn on specific facts. Confirm the current code text and consult a Tennessee landlord-tenant attorney before denying an accommodation request or terminating a tenancy over an animal.
Frequently Asked Questions
Can a Tennessee landlord charge a pet deposit for an emotional support animal?
No. Under Tenn. Code Ann. 66-28-406(b), you cannot require any payment, including a pet deposit, non-refundable pet fee, or monthly pet rent, as a condition of keeping a qualifying service or support animal. You can still hold the tenant liable for actual damage the animal causes.
What can I ask for when a tenant requests an ESA accommodation?
If the disability is obvious or already known, nothing further. If it is not apparent, section 66-28-406(c) lets you request reliable documentation of the disability and the disability-related need for the animal. You cannot demand medical records or the diagnosis, and a letter from the tenant's own treating healthcare provider is what qualifies.
Does an online ESA registration or certificate count as valid documentation in Tennessee?
No. Tenn. Code Ann. 66-28-406(a)(4)(B) says documentation from a website whose primary function is selling certificates, registrations, or licenses for a fee is not reliable documentation. You are entitled to documentation from the tenant's actual healthcare provider instead.
Can I refuse an assistance animal because of its breed or size?
No. A reasonable accommodation for a qualifying service or support animal overrides breed, size, and weight restrictions in your pet policy. Those restrictions still apply to ordinary pets, which Tennessee does not require you to allow at all.
What happens if a tenant fakes a disability to keep an animal?
Two things. Criminally, it is a Class B misdemeanor under Tenn. Code Ann. 39-16-304, carrying up to 6 months in jail and/or a $500 fine plus 100 hours of community service. Civilly, it is material noncompliance under section 66-28-406, letting you terminate the tenancy and recover damages including reasonable attorney's fees.
Do these rules apply to every rental in Tennessee?
The assistance-animal protections apply statewide, split between section 66-28-406 for tenancies under the URLTA (counties over 75,000 population) and the parallel section 66-7-111 for other tenancies. The federal Fair Housing Act also applies to nearly all rentals independently. Ordinary pet terms, by contrast, are set by your lease and are not capped by state law.
Federal authority: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; HUD FHEO Notice 2020-01. State authority: T.C.A. § 66-28-505. Last updated October 23, 2026. For informational purposes only, not legal advice. Pet and assistance-animal questions are highly fact-specific; consult a licensed Tennessee attorney before refusing any request.