Pet Policies and Service Animals for Delaware Landlords (2026)

Quick Answer

Delaware landlords can charge pet deposits (typically $200-500) and monthly pet rent ($25-50), but cannot charge any fees for service animals or emotional support animals (ESAs). You can restrict pet types, sizes, and quantities, but you cannot deny housing to someone with a properly documented service animal or ESA, even in “no-pet” properties.

The Full Picture: Pets vs. Service Animals

Regular Pets

What you can charge:

• Pet deposit: $200-500 (refundable if no pet damage)
• Pet rent: $25-50/month per pet
• Pet fee: Non-refundable one-time fee (less common)

What you can restrict:

• Number of pets (typically 1-2)
• Weight limits (e.g., under 50 lbs)
• Breed restrictions (with liability insurance considerations)
• Species (dogs and cats only, no exotic animals)

Recommended pet policy language:

“Tenant may keep up to 2 domestic pets (dogs/cats only) with prior written approval. Pet deposit: $300 refundable. Pet rent: $35/month per pet. Pets must be vaccinated, licensed, and not disturb neighbors. Tenant is liable for all pet-related damage.”

Service Animals (ADA)

Definition: Dogs (and miniature horses in some cases) trained to perform specific tasks for a person with a disability.

Examples:

• Guide dogs for the blind
• Hearing dogs for the deaf
• Mobility assistance dogs
• Seizure alert dogs
• Psychiatric service dogs (trained for specific tasks, not just comfort)

What you CANNOT do:

• Charge pet deposits or pet rent
• Ask about the person’s disability
• Require special certification or documentation
• Deny the animal based on breed, size, or weight

What you CAN do:

• Ask: “Is this a service animal required because of a disability?”
• Ask: “What work or task has the dog been trained to perform?”
• Require the tenant to clean up after the animal
• Hold tenant liable for damages caused by the animal
• Evict if the animal is dangerous or out of control

Emotional Support Animals (ESAs)

Definition: Animals that provide comfort and emotional support but are not trained to perform specific tasks.

Examples:

• Emotional support dogs
• Emotional support cats
• Occasionally other animals (birds, rabbits)

Documentation required:

• Letter from a licensed mental health professional
• Must state the tenant has a disability and needs the ESA for that disability
• Must be current (usually within 1 year)

What you CANNOT do:

• Charge pet deposits or pet rent
• Deny the animal based on breed or size
• Require the animal to have special training

What you CAN do:

• Request reasonable documentation (the letter)
• Verify the professional’s license (if questionable)
• Hold tenant liable for damages
• Evict if the animal is dangerous or causes undue burden

Delaware-Specific Considerations

Insurance and Breed Restrictions

Many landlord insurance policies have breed restrictions (pit bulls, Rottweilers, German Shepherds). This creates a conflict with service animal laws.

The rule: You cannot deny a service animal based on breed, but you can:

• Require the tenant to obtain liability insurance covering the animal
• Request that the animal be removed if it is actually dangerous (not just based on breed)

Best practice: Get a rider on your policy or require tenant to carry additional liability insurance.

Reasonable Accommodation Process

When a tenant requests a service animal or ESA:

Step 1: Tenant submits request with documentation (for ESAs) Step 2: Landlord reviews within 10 days Step 3: If legitimate, approve and waive pet fees Step 4: Add addendum to lease acknowledging the animal

Timeframe: Respond within 10 days; unreasonable delays can be considered denial.

Documentation Red Flags

Be cautious of online ESA “certifications” that are not from a treating professional. Legitimate documentation:

• Comes from a licensed mental health professional
• States the tenant is under their care
• Explains the disability-related need for the animal

Online registries (“Certified ESA”) are not sufficient documentation.

Practical Policy Recommendations

For Pet-Friendly Properties

Pet application: Require:

• Pet photo
• Vaccination records
• Veterinarian contact
• Reference from previous landlord about pet behavior

Pet agreement addendum: Include:

• Specific pets allowed (description)
• Tenant responsible for all pet damage
• Noise/disturbance clause
• Cleaning requirements at move-out

For “No Pet” Properties

Even with a no-pet policy, you must accommodate service animals and ESAs. Your policy should read:

“No pets allowed except service animals and emotional support animals as required by law.”

Damage and Liability

Who Pays for Pet Damage?

Regular pets: Pet deposit covers pet-specific damage; tenant liable for amounts above deposit.

Service animals/ESAs: Tenant is liable for all damage caused by the animal, just like any other tenant-caused damage. You cannot charge a deposit upfront, but you can bill for damage at move-out.

Dangerous Animals

You can request removal of any animal (including service animals) if:

• The animal poses a direct threat to health or safety
• The animal is out of control and the handler does not take effective action
• The animal causes substantial property damage

Process: Document the specific incident(s), give written notice to tenant, request removal. If tenant refuses, eviction may be warranted.

Common Mistakes Delaware Landlords Make

1. Charging Fees for Service Animals

Illegal under federal Fair Housing Act. Cannot charge deposits, rent, or fees for service animals or ESAs.

2. Asking About the Disability

Cannot ask: “What is your disability?” or “Can you prove you’re disabled?”

Can ask: “Is this a service animal required because of a disability?” and for service dogs specifically, “What work or task is the dog trained to perform?“

3. Denying ESAs from Online Registries

While many online registries are sketchy, if the tenant provides a letter from a licensed professional, you must accommodate regardless of how they found the professional.

4. Breed-Based Denials for Service Animals

Cannot deny a pit bull service dog while allowing golden retriever pets. Service animals are exempt from breed restrictions.

The Bottom Line

Regular pets: Your property, your rules (within reason). Charge what the market bears.

Service animals and ESAs: Federal law protects these. No fees, no breed bans, no “no pet” exclusions. Focus on behavior and damages, not breed or species.

Best protection: Screen all tenants thoroughly (pet owners often make great tenants), document everything, and require renters insurance that covers animal liability.

Related Questions

• Delaware security deposit laws
• Tenant screening requirements
• Delaware fair housing laws