Service Animals in Jacksonville: Everything Landlords Need to Know

Managing a rental property often means taking on roles you never expected to, from mediator to fixer and even legal researcher. Among the many responsibilities already on your plate as a landlord, understanding how to handle service animals in Jacksonville is one of the most important, yet often confusing. 

In a growing city like Jacksonville, which is home to a wide range of tenants with diverse needs, service animal requests are only becoming more common. Here, one in ten residents under age 65 lives with a disability, and that number climbs to nearly 40% for those over 65 and older. When handled incorrectly, even small mistakes in this area can lead to costly consequences and legal trouble, making it essential for landlords to know how to handle each accommodation request.

This guide will help you make sense of service animal law, including what qualifies as one, what your responsibilities look like, and how to stay compliant without losing sight of your rights as a housing provider. 

How Does the Law Define a Service Animal?

On the outside, a service animal may appear like any other animal, but there’s a lot more to them. According to the Americans with Disabilities Act (ADA), a service animal must be:

• A dog of any size or breed (or a miniature horse, in rare instances)
• Individually trained to perform a task that’s directly related to the person’s disability 

The task might be physical, like guiding someone who’s blind, or medical, like alerting someone with diabetes when their blood sugar drops. In other cases, the dog’s job is to go find or call for help if their owner is having a seizure or interrupt a panic attack and divert the person’s attention elsewhere. 

Where it gets confusing is when service animals in Jacksonville are mixed up with emotional support animals (ESAs) or even regular pets. Although ESAs provide comfort to their owners, at times helping with a mental health disorder, the law does not consider them the same. ESAs don’t have to be dogs and they do not need to be trained to perform a specific task; their mere existence makes life better. Unlike service animals, ESAs aren’t covered by the ADA, which means they're not granted the same protections. However, they are protected under the Fair Housing Act (FHA).

Finally, pets are simply companions, and can be any type of animal. They’re not covered by the ADA or FHA, which means they can be restricted, denied, or subject to additional fees at your discretion. Understanding the distinctions between the three types of animals can help you avoid errors and ensure your housing policies are both fair and lawful. 

Questions You Can Ask and Documents You Can Request

Under the service animal law, both ESAs and service animals in Jacksonville are considered reasonable accommodations in housing, even if your property has a strict no-pets rule. As long as the tenant can provide proper documentation for an ESA, you’re required to make room for that animal.

You are not allowed to request documentation for a service animal, but if the tenant’s disability isn’t obvious, the law allows you to ask these two questions: 

1. Is the animal required because of a disability?
2. What task is the animal trained to perform?

It’s important to respect the tenant’s privacy and avoid invasive questioning. If you’re dealing with a service animal, you are not allowed to ask for:

• A demonstration of the animal completing the task
• Medical documentation
• A diagnosis or details about the disability
• Training certificates or identification badges 

Even if you’re just curious, pushing the conversation past these two questions can quickly cross into legal territory, violating service animal law. That said, the rules around ESAs do allow for a bit more wiggle room. If a tenant requests that their ESA be allowed to live with them, you’re permitted to request a letter from a healthcare provider that confirms:

• The tenant has a genuine treatment relationship with the tenant, not just a one-time online request to make their animal an ESA
• The tenant has a qualifying disability or mental health disorder
• The ESA helps with one or more symptoms of that condition

In Florida, these rules were recently tightened to prevent tenants from abusing the system. Tenants who knowingly misrepresent a pet as a service or support animal can be charged with a second-degree misdemeanor and face the following consequences: 

• Spending up to 60 days in jail
• Paying a $500 fine
• Completing 30 hours of community service with an organization supporting people with disabilities 

Some tenants may inform you of their service animal to be polite, but remember that they aren’t required to unless they need an exemption from the terms of the lease. For example, if they’re approved for housing and want to avoid the pet deposit, they’ll need to let you know about the animal. 

To make this process easier, consider setting up a request system. Something like a short form tenants can fill out works great. You might also designate a point of contact, like your property manager, for questions, or include a section in your rental application that includes information about how to request accommodation for a service animal. Documentation of every interaction is essential when it comes to service animals in Jacksonville. 

When Can a Landlord Deny a Service Animal?

In nearly all cases, you cannot deny a service animal from staying in your rental property because they fall under the guidelines of both the ADA and FHA and are not considered pets. Even if you have restrictions on pets or a no-pet policy, they don’t apply when it comes to animals that are necessities. 

However, service animal law does leave room for a few exceptions. You may be allowed to deny the accommodation request if: 

• The animal poses a direct threat to the health or safety of others, and no other accommodation can reduce that risk
• The animal has a well-documented history of causing significant property damage
• The animal would create undue financial strain
• Having the animal there would fundamentally change the housing services you provide 

Each of these situations must be carefully evaluated and backed by specific, factual evidence, not assumptions, fears, or past issues with pets. Ask yourself whether your reasoning would hold up in a courtroom before denying a request, and consult with a lawyer if you’re still not sure. 

Tenant Responsibilities Under Service Animal Law 

Tenants who own service animals in Jacksonville still have responsibilities, just like anyone else living in your rental. That means complying with local animal control rules, keeping up with vaccinations and licensing, and making sure their animal doesn’t create disturbances. If the animal damages your property, they’re still held liable. 

As a landlord, you’re also allowed to set a few reasonable expectations. For example, under service animal law, you can require that: 

• The animal is housebroken 
• The animal remains under the tenant’s control at all times (like on a leash or tether, unless the tenant’s disability prevents it)
• The tenant cleans up after their animal both in and outside the unit

None of this changes your obligation to accommodate the animal, but it does help set boundaries that keep your property in tip-top shape and keep shared spaces comfortable and safe for everyone. When your tenants know what’s expected of them, you’re much less likely to run into issues, complaints, and misunderstandings later on. 

When Can a Service Animal be Added to a Lease?

Under service animal law, tenants are not required to disclose service animals in Jacksonville before move-in, although it’s considerate when they do. A request can be made at any time, whether that’s before or after the lease has started. Disabilities can emerge at any time, making it important to stay flexible and engaged with your tenants. 

Delaying or ignoring these types of requests can cause legal problems, even if it’s not intentional, so be sure to act quickly. Once the accommodation is approved, consider adding a section to the lease to clarify:

• That the animal is a service animal
• That pet rent, deposits, and breed restrictions don’t apply
• That the tenant is still responsible for any damages caused by the animal 

Including this information in the lease gives you and the tenant something to look back on in the future in case of questions or concerns from either side. 

Final Thoughts: Service Animals in Jacksonville

The nuances of service animal law might seem complicated, but they're important to understand if you hope to be a fair, trustworthy landlord in Jacksonville. Telling service animals apart from ESAs and pets, recognizing the rights of tenants, and knowing what questions you're legally allowed to ask will help you create an inclusive experience for your tenants while also safeguarding your property. 

Whether you’re in charge of one unit or multiple, having a system in place is one of the best ways to stay compliant with service animal law. It shows tenants you have their best interests in mind and protects you if any disputes arise. 

If you’d rather pass off the legalities to someone else, consider working with a local property management company like Evernest. Our Jacksonville team has helped countless Jacksonville landlords handle service animal requests the right way, from reviewing documentation and updating leases to ensuring every step is legally sound and clearly communicated. Reach out today so that we can take stress off your plate and ensure nothing falls through the cracks.