What to Know About Renting to Tenants with Service Animals

Key Takeaways

• Know Your Legal Obligations: In Virginia, landlords must allow service and assistance animals as reasonable accommodations under federal and state fair housing laws, without charging pet fees or deposits, while still enforcing property rules.
• Document and Apply Policies Consistently: Clearly outline assistance-animal rules in leases, respond fairly to requests, and maintain written records to reduce legal risk and ensure equitable treatment for all tenants.
• Partner with Professionals: Working with a property management company like Redsail Property Management helps landlords stay compliant, handle accommodation requests efficiently, protect their property, and navigate the unique Hampton Roads rental market.

Renting to tenants with service or assistance animals can be challenging if you’re unsure of your legal obligations. In Hampton Roads, landlords must follow federal and Virginia laws that protect these animals, which are trained to assist individuals with disabilities or provide emotional support.

Redsail Property Management helps landlords navigate accommodation requests, distinguish service animals from pets, and stay compliant while maintaining positive tenant relationships.

Understanding the Basics: What Is an Assistance or Service Animal?

Under federal law, specifically the Fair Housing Act (FHA), landlords must allow assistance animals as a reasonable accommodation for individuals with disabilities.

An assistance animal works, provides assistance, performs tasks, or offers emotional support that alleviates one or more symptoms of a person’s disability.

In Virginia, the state’s Fair Housing Law mirrors federal law. It grants tenants with disabilities the right to use and enjoy their dwelling with an assistance animal without facing pet-related fees or deposits.

It’s important to remember:

• These animals are not pets under the law. They’re tied to a disability-related need.
• A “service animal” generally refers to a trained dog that performs specific tasks, while “assistance animals” may include other species that provide emotional support.
• Requests for accommodation can be made at any time, before or after move-in, and landlords must consider them fairly.

Why This Matters for Hampton Roads Rental Owners

The Hampton Roads region, covering cities like Norfolk, Virginia Beach, Chesapeake, and Newport News, features diverse rental properties, from single-family homes to apartment complexes.

Regardless of your property size or type, understanding assistance-animal rules ensures you maintain compliance while protecting your investment.

When a tenant requests an assistance animal:

• You may need to adjust or waive a “no-pets” policy and related pet fees.
• You must review and respond to the request fairly to avoid discrimination claims.
• You can still enforce rules regarding damage, noise, and property care.
• Consistent handling of all requests ensures smoother operations and fair treatment.

Legal Obligations: What Your Lease and Policies Should Reflect

As a landlord in Virginia, it’s crucial to understand the following responsibilities:

• Reasonable accommodation If a tenant with a disability requests an assistance animal, you must assess the request and make necessary policy adjustments to ensure equal housing opportunity.
• No additional pet fees or deposits You cannot charge extra rent, deposits, or pet fees for assistance animals. However, tenants remain responsible for any property damage caused by their animal.
• Documentation and verification You may ask for verification of the disability-related need for the animal if the disability isn’t apparent. However, you cannot demand medical records or excessive information—only reliable documentation confirming the need.
• No breed or size restrictions You may not deny an assistance animal based solely on breed, size, or species if it qualifies under the law.
• Reasonable limits If an animal poses a direct threat to others’ safety or would cause significant property damage that cannot be mitigated, you may deny the request. However, such cases are rare and must be well-documented.

Practical Steps for Rental Owners in Hampton Roads

To remain compliant while protecting your property, follow these practical steps:

• Review and update lease agreements. Include clear language about assistance-animal accommodations and tenant responsibilities. Make sure tenants understand they are liable for any damage their animal causes.
• Train your staff or management team. If you have leasing staff, ensure they know how to handle assistance-animal requests appropriately and consistently. Proper training reduces the risk of discrimination complaints.
• Keep written records. Document all accommodation requests, responses, and communications. Having a paper trail helps you prove compliance and fairness if disputes arise.
• Apply consistent rules. Tenants with assistance animals must follow the same property-care standards as others. Consistent enforcement maintains fairness and protects your investment.
• Stay proactive about maintenance and insurance. While you can’t collect pet deposits, review your insurance policy to ensure it covers potential damage from animals. Routine property inspections can also help catch maintenance issues early.

Local Considerations for Hampton Roads

Hampton Roads’ rental market is unique due to its mix of military families, students, and long-term residents. Many tenants may rely on assistance animals for emotional support or service-related reasons.

Landlords should consider the following:

• Military Tenants: Many veterans or active-duty service members have legitimate service-animal needs. Handle such requests with understanding and compliance.
• Coastal Properties: For homes near the water, define responsibilities for cleaning and property upkeep clearly to prevent damage from wear and tear.
• Property Type Differences: Single-family landlords may face fewer accommodation requests than apartment complexes, but the same legal obligations apply to both.

A consistent, documented approach helps landlords maintain fairness while supporting their communities.

Benefits of Working with a Professional Property Management Company

Partnering with an experienced property manager offers key advantages for handling service-animal requests:

• Compliance Expertise: Ensures leases and policies meet Virginia and federal fair housing laws.
• Streamlined Processes: Handles accommodation requests and documentation efficiently and fairly.
• Conflict Resolution: Mediates disputes and clarifies assistance-animal policies.
• Property Protection: Maintains your property through inspections, tenant screening, and lease enforcement.
• Local Expertise: Leverages knowledge of local regulations, tenant demographics, and market trends to optimize compliance and profitability.

Working with a professional property management company ensures peace of mind, knowing that legal obligations are met, tenants are treated fairly, and your investment is well cared for.

Final Thoughts

Renting to tenants with service or assistance animals requires understanding, empathy, and strict adherence to the law.

Follow fair housing guidelines, keep accurate records, and work with professionals so you can create a welcoming, compliant, and successful rental business in Hampton Roads.

If you’d like expert help managing your rental property and ensuring compliance with Virginia’s housing laws, reach out to Redsail Property Management, your trusted partner in the Hampton Roads area.