Charging for damage caused by an assistance animal
Answers
The clearest rule in this area, and the one people most often assume goes the other way.
You are liable
An accommodation excuses you from the pet policy. It does not excuse you from paying for damage your animal causes, and no version of HUD guidance ever suggested otherwise. A landlord may deduct for actual damage at the end of a tenancy exactly as they would for any tenant.
Damage against wear
- Damage: chewed woodwork, scratched doors, soiled and unsalvageable carpet, a destroyed screen. Chargeable.
- Wear: the carpet being a year older. Not chargeable, from an animal or anybody else.
- The line is the same line applied to every tenant, and an animal does not move it in either direction.
Why this is different from a deposit
A charge for damage that happened is backward-looking and uncontroversial. A pet deposit or fee taken in advance is forward-looking, and that is the thing HUD guidance used to prohibit and which became contested when the guidance was rescinded in May 2026. Keep the two apart when you are arguing about either.
Protecting yourself
- Photograph the unit at move-in and move-out, dated.
- Deal with small damage as it happens rather than at the end.
- Ask for an itemised deduction. Most states require one, and a vague deduction for pet damage is challengeable.
Common questions
- Can they take it from my ordinary deposit?
- Yes, subject to your state rules on itemisation and return deadlines.