An emotional support animal in Texas can be life-changing for people living with anxiety, depression, PTSD, or other mental health conditions. If you’re a Texas resident considering an ESA letter, it’s important to understand your legal rights and the steps you need to take.
Did you know that landlords in Texas cannot refuse housing to ESA owners even if they have a no-pet policy? Or that emotional support animals are exempt from pet deposits and pet fees? You also don’t have to worry about restrictions on breed, size, or weight when it comes to your ESA.
This guide explains everything you need to know about Texas ESA laws, how to qualify for an ESA letter online or in person, and what to do if your rights are ignored.
Emotional Support Animal Laws in Texas
In Texas, emotional support animals are protected under the Fair Housing Act (FHA). This federal law ensures that landlords and housing providers cannot discriminate against tenants who require an ESA.
ESAs are not considered “pets” but rather assistance animals.
Housing providers cannot impose breed restrictions, size limits, or pet bans on ESAs.
You cannot be charged pet rent, deposits, or extra fees for having an emotional support animal.
However, landlords can request proper documentation (your ESA letter) to verify the legitimacy of your animal. If the letter is invalid, they may have grounds to deny your request.
How to Qualify for an ESA Letter in Texas
To qualify, you must be evaluated by a licensed mental health professional in Texas who determines that an ESA would benefit your condition. Eligible professionals include:
Psychologists
Therapists and counselors
Psychiatrists
Physicians and nurses
Licensed clinical social workers
Conditions that may qualify include depression, anxiety disorders, PTSD, ADHD, bipolar disorder, panic attacks, and phobias.
Tip: Many Texans now choose to get an ESA letter online from licensed professionals who provide telehealth services. Just make sure the provider is licensed to practice in Texas.
Who Can Write an ESA Letter in Texas?
Only a Texas-licensed mental health professional can issue a legitimate ESA letter. This means the provider must hold an active license to practice in the state, even if their services are delivered remotely.
Your ESA letter should include:
The provider’s full name, credentials, and license number
A statement confirming your mental health condition
Verification that your ESA is part of your treatment plan
What Animals Qualify as Emotional Support Animals in Texas?
There are no specific breed or species restrictions for ESAs in Texas. Common ESAs include dogs, cats, rabbits, birds, and small household pets. The only requirement is that your animal is well-behaved and does not cause disturbances for others.
If your landlord tries to deny your ESA due to its breed or size, they are likely violating federal housing law.
What If Your ESA Rights Are Violated in Texas?
If a landlord ignores your ESA housing rights, they may face serious legal consequences, including fines and lawsuits. For example, Texas courts have previously ruled in favor of tenants whose landlords wrongfully tried to deny their ESAs.
If this happens to you, you can:
File a complaint with the U.S. Department of Housing and Urban Development (HUD).
Seek legal assistance under the Texas Fair Housing Act.
How to Get Started with Your ESA Letter in Texas
If you’re ready to apply for an ESA letter in Texas, the process is simple:
Complete an evaluation with a licensed Texas mental health professional.
If you qualify, you’ll receive an official ESA letter confirming your need.
Submit your letter to your landlord or housing provider to secure your housing rights.
With an authentic ESA letter, you’ll be legally protected and able to live with your emotional support animal without fear of discrimination or added costs.