Pet Rent, Pet Fees and Pet Deposits for an Assistance Animal in Colorado
This is the question Colorado tenants ask us more than any other. The short version: once a housing provider approves an assistance animal as a reasonable accommodation, that animal stops being a pet for fee purposes — and pet charges normally stop with it.
The Answer, Without the Hedging
Tenants usually arrive here after a leasing office has quoted them a number. Here is the position in plain terms.
The Fair Housing Act requires housing providers to make reasonable accommodations in rules and policies when needed for a person with a disability to use and enjoy their home. A "no pets" policy and the fee schedule attached to it are exactly the kind of rule that gets adjusted. That means pet rent, one-time pet fees and pet deposits are normally off the table once your accommodation is granted — not reduced, not capped, but inapplicable.
What May and May Not Be Charged
The distinction that matters is not the size of the charge but what it is for. Pet-status charges fall away. Damage and ordinary tenancy charges do not.
| Charge | Normally allowed? | Why |
|---|---|---|
| Monthly pet rent | No | A recurring charge tied purely to the animal's presence. An approved assistance animal is not a pet, so the charge has no basis. |
| Non-refundable pet fee | No | Same reasoning. Calling it a fee rather than a deposit does not change the analysis. |
| Refundable pet deposit | No | Refundability is irrelevant. It is still a charge imposed because an animal is present. |
| Breed or weight surcharge | No | A surcharge is a pet policy applied by another name. See our breed and weight guide. |
| Standard security deposit | Yes | Applies to every tenant regardless of any animal. It is not a pet charge. |
| Repair of actual damage | Yes | If the animal damages the unit beyond normal wear and tear, the cost may be deducted from your standard deposit like any other damage. |
| Renter's insurance requirement | Usually | Permissible where it is required of all residents equally and is not animal-specific. |
Where Colorado Law Sits on Top of the Federal Rule
Colorado tenants have two overlapping layers of protection, plus a separate statute that caps charges for animals that genuinely are pets.
Federal — Fair Housing Act
Codified at 42 U.S.C. § 3604(f). Requires reasonable accommodation in rules, policies, practices and services. HUD's assistance animal guidance (FHEO-2020-01) sets out how housing providers should assess these requests.
State — Colorado Anti-Discrimination Act
Assistance animals in housing are addressed at C.R.S. § 24-34-803. Colorado runs its own enforcement route through the Civil Rights Division in addition to the federal one.
Colorado's pet charge caps — HB23-1068
Colorado capped what landlords may charge for pets, limiting pet security deposits and monthly pet rent. Read that carefully: it sets a ceiling for pets. An approved assistance animal is not being charged a capped amount, it is normally not being charged at all.
Misrepresentation carries a penalty
C.R.S. § 24-34-804 attaches consequences to knowingly misrepresenting an entitlement to an assistance animal. This is why a real clinical evaluation matters, and why registry certificates do not substitute for one.
Asking for a Refund of What You Already Paid
Plenty of Colorado tenants pay pet rent for months before learning any of this. Recovering it is a conversation, not a lawsuit, in most cases.
Put the accommodation request in writing first
A refund conversation goes better once the accommodation itself is documented and dated. Email is ideal because it timestamps itself.
Ask for the charge to stop going forward
This is the part landlords grant most readily. Name the specific line item and the date from which it should end.
Then ask about amounts already collected
Many Colorado landlords credit a pet deposit back or apply it against rent once documentation is accepted. Ask for the refund and a written confirmation of what was applied.
Keep the paper trail intact
Save the ledger, the receipts and every reply. If the matter escalates later, the contemporaneous record is what carries weight.
Escalate only if you have to
If a refusal stands, the Colorado Civil Rights Division and HUD both take housing complaints. See handling a denial for the route and the deadlines.
Wording That Tends to Work
You do not need legal language. You need to be specific about what you are asking for and when. Adapt this to your own circumstances.
I am requesting a reasonable accommodation to keep my assistance animal in unit [number]. I have attached documentation from a Colorado-licensed clinician supporting this need.
As this animal is an assistance animal rather than a pet, I am asking that the pet rent of [$X] per month and the pet deposit of [$Y] recorded on my ledger be removed, effective [date]. I remain responsible for my standard security deposit and for any actual damage.
Please confirm in writing once the ledger has been updated. I am happy to answer questions about the accommodation itself.
Sincerely,
[name] · [unit] · [date]
Situations That Trip People Up
A handful of scenarios come up repeatedly in Colorado, and the answer is not always the one tenants expect.
You signed a lease with pet terms already in it
Signing does not waive the right to request an accommodation later. The request is evaluated when you make it, not when you moved in.
The building is owner-occupied and very small
A narrow set of owner-occupied properties with very few units sits outside parts of the FHA. Most Colorado rentals are covered, but not quite all.
A third-party portal is charging a review fee
An accommodation request should not sit behind a paid pet profile. See our PetScreening guide.
Your HOA, not your landlord, is charging
Associations are subject to fair housing obligations too. That path is covered in HOA and condo rules.
Questions Colorado Tenants Actually Ask
Drawn from what people search and what they email us after a leasing office says no.
Can my landlord charge pet rent for my ESA?
Generally no, once the accommodation is approved. The animal is not a pet for fee purposes, so a recurring pet charge normally has no basis. If the charge continues after approval, ask in writing for it to be removed and keep the reply.
Does an ESA letter waive the pet deposit?
The letter is not what waives it. The approved accommodation is. In practice the two happen together: you submit documentation, the housing provider grants the accommodation, and the pet charges come off the ledger.
Can I be charged a pet deposit for a service animal?
The same principle applies. Service animals and assistance animals are both outside the pet framework for housing fee purposes, though they differ substantially in public access rights. See service dog versus ESA.
Are pet fees waived for emotional support animals in Colorado specifically?
Colorado adds state-level protection on top of the federal rule rather than carving out an exception to it. The practical answer for a Colorado tenant is the same as the federal one.
What if my animal damages the apartment?
You are responsible. Actual damage beyond normal wear and tear can be deducted from your standard security deposit exactly as it would for any tenant. Accommodation covers the animal's presence, not the consequences of its behaviour.
How long does a landlord have to respond?
There is no single statutory clock, but responses are expected to be prompt, and an unreasonable delay can itself be treated as a denial. Follow up in writing if a week or two passes with nothing.
Current Evaluation Plans
Live pricing, exactly what you see at checkout. No hidden renewals.
More Colorado Resources
Related reading for Colorado tenants working through a housing accommodation.
Find Out Where You Stand — Free
The screening takes about five minutes, costs nothing, and tells you whether a Colorado-licensed clinician is likely to find that an assistance animal is appropriate for you. No obligation to continue.
Start Free Screening View PricingThis page is general information about Colorado housing practice, not legal advice. Statutes and guidance change. For advice on your own tenancy, consult a Colorado attorney or the Colorado Civil Rights Division.
