Must a prospective apartment tenant be treated differently if that prospective tenant has an emotional support animal

Yes, under both federal and Texas fair housing laws, a prospective tenant with an Emotional Support Animal (ESA) must be treated differently than a standard pet owner.

In the eyes of the law, an ESA is not a pet; it is considered an “assistance animal” (a medical tool), similar to a wheelchair or a prescription.

1. Key Legal Protections

Under the Fair Housing Act (FHA) and the Texas Fair Housing Act, landlords must provide “reasonable accommodations” for people with disabilities. This means:

2. What You CAN Ask For

You are not required to take the tenant’s word for it. You have the right to request:

3. When Can You Deny an ESA?

While the protections are strong, they are not absolute. You may deny the request if:

Summary Table: Pet vs. ESA

Lester Langdon here.  In the past, several of my clients have had problems with squatters.  Here is a recent article from the Fort Worth Star Telegram, written by Tiffani Jackson

Here’s what Texas’ new squatter laws mean for landlords, tenants and homeowners

It’s a nightmare scenario for homeowners — discovering that someone has taken up residence in your property without permission, and finding out the process to remove them is anything but simple.

Lawmakers say squatting has become a growing problem in Texas, frustrating property owners and leaving law enforcement with limited options.

To address it, Gov. Greg Abbott signed two new laws this summer that make it easier to clear squatters from private property and add tougher penalties for fraud and trespassing. “Texas is facing a squatting crisis, with property owners struggling to evict delinquent tenants or remove people who were never supposed to be on their property in the first place,” Abbott said in a news release. Critics, however, warn the measures could blur the line between squatters and struggling tenants behind on rent. Whether you’re a landlord, homeowner or tenant, here’s what to know about how the new laws work.

Who is considered a squatter under Texas law? A squatter is someone who occupies property without permission, such as an abandoned home or a residence where they were never granted a lease. Unlike guests who overstay their welcome and may be considered tenants, squatters generally have no lease or rental agreement to protect them. Texas law has long recognized “adverse possession,” which allows someone to claim ownership after occupying land for years under strict conditions, but that process is rare. The more pressing issue for most homeowners is how to quickly remove someone who moves in without consent and refuses to leave. How does the new law change the process?

Senate Bill 1333 creates a new legal tool for homeowners: filing a sworn affidavit with the sheriff to request immediate removal of squatters. This bypasses the drawn-out eviction process that usually applies to tenants. The law also ramps up penalties for squatting-related fraud, making it a misdemeanor to present fake deeds and a felony to sell, lease or rent property using fraudulent documents. Property damage caused while trespassing now carries heavier criminal charges, with damage over $1,000 potentially prosecuted as a second-degree felony.

Importantly, the expedited removal process does not apply to family members or current/former tenants, it’s focused on unauthorized occupants only. What protections exist if someone is wrongfully removed? Lawmakers built in safeguards for people who are mistakenly evicted under the new process. I

If an individual can prove they were wrongfully removed, they can sue the property owner for damages. That includes actual losses, exemplary damages, attorney’s fees, court costs and up to three times the fair market rent of the property. These protections aim to balance property owners’ rights with due process for legitimate occupants.

How does the law affect evictions in Texas? Senate Bill 38 targets the court side of eviction proceedings, requiring justice courts to hear cases faster — within 10 to 21 days of filing. It also allows courts to issue summary judgments in clear squatting cases, speeding up removal when the facts are straightforward. The law clarifies how landlords must serve notices to avoid disputes over whether squatters were properly informed. Justice courts are limited to ruling only on possession of the property, not title disputes or broader claims, which keeps cases narrowly focused. The bill also prevents local courts or agencies from altering eviction rules, creating consistency statewide.

When do the new laws take effect? SB 1333 took effect on Sept. 1, 2025. SB 38 will go into effect on Jan. 1, 2026. Both were passed during the 89th Texas Legislative Session and signed by Gov. Abbott, who said they will give homeowners “an efficient means of evicting squatters from their property.” While squatting cases remain relatively rare, supporters say the laws provide much-needed clarity and faster remedies for property owners.

When do the new laws take effect? SB 1333 took effect on Sept. 1, 2025. SB 38 will go into effect on Jan. 1, 2026. Both were passed during the 89th Texas Legislative Session and signed by Gov. Abbott, who said they will give homeowners “an efficient means of evicting squatters from their property.” While squatting cases remain relatively rare, supporters say the laws provide much-needed clarity and faster remedies for property owners.