Emotional support animal letters do not expire in Texas under any state or federal law. As long as you still have a qualifying disability and still benefit from the animal, the letter continues to document a real situation, and the Fair Housing Act protections tied to it continue to apply. The practical question is different: there are situations where getting a fresh letter will save you trouble with a landlord, even though nothing legally requires it.
No Statute Sets an Expiration Date
Neither the Fair Housing Act nor Texas law puts a time limit on an ESA letter. The FHA prohibits housing providers from refusing reasonable accommodations for people with disabilities, and that protection does not depend on how recently the letter was written.1Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing If the disability persists and the animal still helps, the letter reflects an ongoing reality.
You will see claims online that ESA letters expire after one year. That figure has no basis in federal or Texas law. It traces back to the business model of online ESA letter mills that profit from annual renewals. A landlord who insists your letter “expired” after 12 months is not pointing to any statute, because there isn’t one.
When a New Letter Is Worth Getting
Even without a legal expiration, a few situations make a current letter the smarter move.
The most common is a change in provider. If the professional who wrote your original letter is no longer treating you, a new letter from your current provider carries more weight, because that person has direct, ongoing knowledge of your condition. A letter from someone you last saw three years ago will raise reasonable questions.
A move or a lease renewal is another good reason. A new landlord has no prior relationship with you and may reasonably ask for current documentation, and lease renewals can prompt a housing provider to verify that your need is ongoing. Handing over recent documentation in these moments tends to resolve the request quickly and head off disputes.
If your condition has changed in a significant way, or if you have switched to a different support animal, an updated letter that reflects the current picture is harder for anyone to challenge. The point is accuracy, not renewal for its own sake.
What Makes an ESA Letter Hold Up
A legitimate ESA letter comes from a licensed mental health professional who has personal knowledge of your condition. HUD’s 2020 guidance describes reliable documentation as a note from your health care professional confirming that you have a disability affecting a major life activity and a related need for an assistance animal for therapeutic purposes.2U.S. Department of Housing and Urban Development. Fact Sheet on HUD Assistance Animals Notice The provider must be licensed to practice in Texas and should be actively involved in your care.
The letter itself should include the provider’s license type and number, the state where the license was issued, and the date the letter was written. There is no required format or template. It does need to establish that you have a disability and that the animal provides therapeutic benefit related to that disability. Specific diagnoses and detailed medical history should not appear in the letter, because your landlord is not entitled to that level of detail.
HUD has specifically addressed the websites that sell ESA certificates, registrations, and letters to anyone willing to answer a few questions and pay a fee. In HUD’s view, these certificates are “not meaningful and a waste of money,” and documentation obtained this way is generally not sufficient to establish a disability or a need for an assistance animal.2U.S. Department of Housing and Urban Development. Fact Sheet on HUD Assistance Animals Notice Legitimate providers can deliver services remotely, including over the internet, so telehealth is fine. The difference is whether a real therapeutic relationship exists. A five-minute questionnaire that guarantees approval is not the same as a session with a licensed professional who evaluates your condition.
Professional ESA evaluations from legitimate providers typically cost between $75 and $250. If a website is charging a similar amount for a “guaranteed” letter with no real clinical evaluation, that money is better spent on an actual provider whose documentation will hold up to scrutiny.
What a Texas Landlord Can and Cannot Ask
When your disability is not obvious, a housing provider can ask for documentation confirming two things: that you have a disability affecting a major life activity, and that you have a disability-related need for the animal.2U.S. Department of Housing and Urban Development. Fact Sheet on HUD Assistance Animals Notice A proper ESA letter covers both.
What landlords cannot do is demand to know your specific diagnosis, require detailed medical records, or ask invasive questions about the nature of your disability. They also cannot require you to register the animal in any database, obtain a special certification, or have the animal wear a vest. None of those have any legal significance for ESAs. And landlords cannot charge pet deposits, pet rent, or similar fees tied to an ESA, though you remain responsible for any actual damage the animal causes.3U.S. Department of Housing and Urban Development. Assistance Animals
A landlord can deny a request in limited circumstances, including when the specific animal poses a direct threat to health or safety that cannot be reduced through other accommodations, or when it would cause significant property damage that other accommodations cannot address.3U.S. Department of Housing and Urban Development. Assistance Animals Pet-policy breed restrictions and weight limits do not automatically apply to ESAs, but a landlord could deny a specific animal with a documented history of dangerous behavior.
Texas does not have a separate state ESA housing statute that adds to these federal protections. The Texas State Law Library notes that the Fair Housing Act’s broad definition of assistance animals covers what are commonly known as emotional support animals.4Texas State Law Library. Service Animals Guide Your rights in Texas housing come primarily from the FHA and HUD’s implementing guidance.
Air Travel Is a Different Rule
One point of confusion worth clearing up: housing rules do not carry over to flights. A Department of Transportation final rule published in December 2020 defines a service animal for air travel as “a dog that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability,” and expressly states that emotional support animals, comfort animals, and companionship animals are not service animals for purposes of air travel.5U.S. Department of Transportation. Final Service Animal Rule
Airlines can treat ESAs the same as pets, charge pet fees, enforce size and carrier requirements, and refuse an ESA in the cabin if it does not meet their pet policy. Some airlines have voluntarily chosen to continue accommodating ESAs, but they are not required to.6U.S. Department of Transportation. Final Rule on Traveling by Air with Service Animals Check the airline’s current pet policy before booking. Psychiatric service dogs, trained to perform specific tasks related to a psychiatric disability, still qualify as service animals under the rule and must be accommodated at no extra charge.