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Do Texas Landlords Have to Accept Emotional Support Animals?

Many Texas renters hear things like “we don’t accept ESAs” or “you must be in therapy for 30 days first.” This guide explains what the Fair Housing Act really says, how the 30-day myth shows up in student housing and apartments, and what you can do if a landlord crosses the line.

Updated 2025 • Texas ESA Housing Rights & 30-Day Myth • Written by a Texas-licensed psychotherapist
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Under the Fair Housing Act (FHA), Emotional Support Animals (ESAs) are treated as assistance animals, not pets. That means most Texas landlords must at least consider your ESA request when you provide a legitimate housing ESA letter from a licensed mental health professional.

This applies across Texas — whether you’re renting in Houston, Dallas, Austin, San Antonio, College Station, Lubbock, El Paso, or the Rio Grande Valley.

Key point: There is no Texas law and no HUD rule that says you must be in therapy for 30 days before you can have a valid ESA letter. Some properties try to impose that rule, but it usually goes beyond what the law allows.

What the Fair Housing Act Means for ESAs in Texas

The FHA is a federal law that applies to most housing in Texas. HUD has issued detailed guidance on how landlords and property managers should handle requests for assistance animals, including Emotional Support Animals.

Under these rules, housing providers generally must:

  • Treat ESAs as a reasonable accommodation for a disability.
  • Review your request in a timely and fair way.
  • Allow ESAs even when there is a no pets policy.
  • Waive pet fees, pet deposits, and pet rent for ESAs.
  • Avoid breed, size, or weight limits for ESAs.

In short: if you have a qualifying mental health disability and a proper ESA letter, the landlord cannot simply say, “We don’t accept ESAs here.”

Is a 30-Day Relationship with a Therapist Required?

A lot of Texas tenants, especially students, are being told things like:

  • “Your therapist has to have treated you for at least 30 days.”
  • “We only accept letters from long-term treating providers.”
  • “Campus policy requires 30 days of counseling first.”

Here’s the truth:

  • HUD does not require a 30-day relationship with a provider for ESA letters.
  • Texas law does not impose a 30-day rule for ESA documentation.
  • Some states (like California) have their own requirements, but those are state-specific and do not apply in Texas.

HUD recommends that the provider have a real (not fake) clinical relationship with you and perform an evaluation, but this does not require a strict number of days.

Bottom line for Texans: Your ESA letter should come from a licensed provider who evaluates you and can clinically support your need for an assistance animal. A landlord demanding “30 days minimum” is usually adding a barrier that is not in federal housing law.

How the 30-Day Myth Shows Up in Student Housing

In Texas, this issue is very common in student housing, dorms, and college-area apartments. Some housing staff say:

  • “We only accept letters from the campus counseling center.”
  • “You must be in counseling here for 30 days.”
  • “We won’t accept outside providers.”

These policies may be convenient for the school, but they often conflict with HUD guidance. Texas renters have the right to use a licensed mental health professional in Texas, including private telehealth providers.

What Landlords Are Allowed to Ask For

For non-obvious disabilities (like anxiety or PTSD), landlords in Texas may ask for:

  • Reliable documentation from a licensed health or mental health professional.
  • Confirmation that you have a disability under the FHA.
  • Confirmation that your ESA helps reduce symptoms or limitations related to that disability.

They are not allowed to ask for:

  • Your therapy notes.
  • Your full medical history.
  • A specific diagnosis label.
  • Proof you attended therapy for 30 days.
  • Extra ID cards or certificates from ESA “registries.”

When Can a Texas Landlord Deny an ESA?

Even with a valid letter, denial can happen in rare cases, such as:

  • The letter is fake or unverifiable.
  • The provider is not licensed in Texas.
  • The specific animal has a history of serious aggression or property damage.
  • Allowing the animal would cause a true undue financial or administrative burden.

But landlords cannot legally deny an ESA because:

  • They don’t believe in ESAs.
  • They have a no pets policy.
  • They ban certain breeds for pets.
  • They think you should try medication first.

Where Texans Can File a Complaint

If you believe a Texas landlord or student housing office is violating your ESA rights, you can file a complaint with HUD:

HUD Fair Housing Complaint Information

Texans can also file with the Texas Workforce Commission – Civil Rights Division. Many cities, including Houston, Austin, Dallas, and San Antonio, also run local fair housing offices.

How Texas Service Animals Handles Evaluations

At Texas Service Animals, evaluations are conducted by a Texas-licensed psychotherapist who reviews your symptoms, daily functioning, and history. Our ESA and PSA letters are:

  • Clinically justified based on your needs.
  • Written to align with Fair Housing Act and HUD guidance.
  • Clear for landlords and property managers to understand, reducing stress and conflict for renters.

Your initial screening is free. You only pay if you qualify and want to move forward with a letter.

Professional verification provided by Psychology Today.

Ready to See If an ESA or PSA Letter Is Right for You?

If you’re dealing with anxiety, depression, trauma, or housing stress, and think an Emotional Support Animal or psychiatric service animal might help, you can start with a free, no-obligation evaluation.

🐾 Start Your Free Evaluation
Evaluations are completed by a Texas-licensed psychotherapist using secure, HIPAA-aware systems.
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