Hawaii Pet Rent Laws in 2025: A Guide for Landlords

Hawaii is known for its beautiful landscapes, strong sense of community, and unique housing challenges—especially in rental markets. With a growing number of renters owning pets, many tenants are seeking pet-friendly housing, while landlords are working to balance property protection with accommodating responsible pet owners.

Unlike some states, Hawaii has specific laws governing security deposits and pet policies, making it important for both landlords and tenants to understand their rights and responsibilities. Landlords can choose whether or not to allow pets in their rental units, but they must adhere to Hawaii’s security deposit limits and comply with federal laws regarding service animals and emotional support animals (ESAs).

For landlords, setting clear pet policies in lease agreements helps avoid legal disputes and protect rental properties from excessive damage. Meanwhile, tenants should know their rights regarding pet deposits, pet rent, and what constitutes reasonable fees under Hawaii law.

This guide will break down Hawaii’s legal framework for pet policies, the costs associated with pet ownership in rentals, and best practices for landlords to maintain a fair and legally compliant rental property.

Legal Framework Governing Pets in Hawaii Rentals

Hawaii Residential Landlord-Tenant Code Overview

Hawaii’s Residential Landlord-Tenant Code outlines landlord and tenant rights regarding pets. Landlords have the right to prohibit or allow pets, but their policies must be clearly stated in the lease agreement. If a lease does not mention pets, tenants cannot assume they are allowed.

Landlords can enforce pet-related restrictions, including:

• Breed or size limitations (e.g., restricting large breeds or aggressive breeds).
• Limits on the number of pets allowed per unit.
• Additional fees such as pet rent or pet deposits, as long as they comply with state law.

However, landlords must also follow federal laws protecting service animals and ESAs, which means they cannot deny housing to a tenant solely because they require an assistance animal.

Pet Policies in Lease Agreements

Hawaii law allows landlords to create detailed pet policies within lease agreements. A strong pet policy should include:

• Whether pets are allowed and any restrictions on species, size, or breed.
• Pet-related deposits, pet rent, or non-refundable pet fees (in compliance with state law).
• Tenant responsibilities, such as cleaning up after pets, leash rules, noise control, and liability for damages.
• Consequences of violating the pet policy, including fines, additional deposits, or potential eviction for unauthorized pets.

If a tenant signs a lease that prohibits pets and later brings one into the unit without approval, the landlord has the right to issue a lease violation notice. The tenant may be required to remove the pet or risk eviction.

Evictions Related to Pets

Hawaii landlords can evict tenants for violating pet policies, but they must follow legal eviction procedures outlined in state law. Common reasons for pet-related evictions include:

• Unauthorized Pets – If a tenant brings a pet into a unit that prohibits animals without landlord approval.
• Property Damage – If a pet causes excessive damage, such as destroying flooring, scratching doors, or causing foul odors.
• Disruptive Behavior – If a pet creates ongoing noise complaints, aggressive incidents, or poses a health and safety risk to neighbors.

Hawaii’s Eviction Process for Pet Violations

If a landlord wishes to remove a tenant due to pet-related lease violations, they must follow Hawaii’s legal eviction process, which includes:

1. Providing Written Notice: The landlord must issue a lease violation notice, giving the tenant time to correct the issue (such as removing an unauthorized pet).
2. Waiting for the Tenant’s Response: If the tenant fails to comply, the landlord can proceed with eviction.
3. Filing for Eviction in Court: If the issue is not resolved, the landlord must file for eviction in district court and present evidence of the violation.
4. Tenant Hearing & Court Order: The tenant has the right to a court hearing, and if the court rules in favor of the landlord, a writ of possession may be issued to remove the tenant.

Hawaii law protects tenants from unlawful evictions, meaning landlords cannot lock tenants out, remove their belongings, or cut off utilities as a form of punishment for pet violations. They must follow due process to legally remove a tenant.

Security Deposits, Pet Fees, and Pet Rent

State Regulations on Security Deposits

Hawaii law places strict limits on security deposits, which directly impact pet-related charges. Under Hawaii Revised Statutes § 521-44(b):

• Landlords cannot charge more than one month’s rent as a security deposit.
• If a tenant has a pet, landlords may charge a separate pet deposit (also capped at one month’s rent).
• Service animals and ESAs are exempt—landlords cannot charge a pet deposit for them.

This means that a tenant with a pet may be required to pay up to two months’ rent upfront—one for the security deposit and one for the pet deposit. However, both deposits are refundable, provided there is no excessive damage caused by the pet.

Pet Rent and Non-Refundable Pet Fees

Unlike security deposits, pet rent is not capped by state law, meaning landlords can charge an additional monthly fee for pets.

• Pet Rent – A non-refundable monthly charge added to rent for tenants with pets.
• Non-Refundable Pet Fees – A one-time charge used to cover additional cleaning or maintenance costs due to pet occupancy.

Both pet rent and non-refundable pet fees must be clearly outlined in the lease agreement. If a landlord does not specify them in the lease, they cannot impose them later.

How Pet Fees and Deposits Are Used

Landlords can only use pet deposits to cover damages caused by the pet, such as:

• Scratched floors or chewed baseboards.
• Carpet stains or pet-related odors.
• Damage to walls, screens, or doors from pet activity.

However, landlords cannot use pet deposits for:

• General wear and tear (e.g., minor scuff marks on flooring).
• Routine cleaning (e.g., vacuuming, light pet hair removal).
• Damages unrelated to the pet.

All pet deposit deductions must be itemized, and remaining funds must be returned to the tenant within 14 days after move-out.

Service Animals vs. Pets

Understanding the distinctions between service animals, emotional support animals (ESAs), and pets is crucial for landlords to ensure compliance with federal and state laws.

Legal Distinctions

Under the Americans with Disabilities Act (ADA), a service animal is defined as a dog (or, in some cases, a miniature horse) that is individually trained to perform tasks directly related to an individual's disability. These tasks can include guiding individuals with visual impairments, alerting those with hearing impairments, pulling wheelchairs, or fetching items for individuals with mobility impairments. ​Learn more about service animals in Hawaii here.

ESAs provide comfort and support to individuals with mental or emotional conditions but are not required to have specific training to perform tasks related to a disability. While ESAs are not granted public access rights under the ADA, they are recognized under the Fair Housing Act (FHA), which requires housing providers to make reasonable accommodations for individuals with disabilities, including allowing ESAs in housing where pets are otherwise prohibited.

These are animals kept for pleasure and companionship without any specific role in assisting with a disability. Pets do not have legal protections under the ADA or FHA and are subject to the landlord's pet policies as outlined in the lease agreement.​

Implications for Landlords

Hawaii landlords must allow service animals and emotional support animals (ESAs) in rental properties, even if their lease agreements include a no-pet policy. However, there are specific legal protections and restrictions that landlords must follow to remain compliant with state and federal housing laws.

Service Animals: Landlord Responsibilities & Limitations

Under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), landlords cannot charge pet deposits, pet rent, or any additional fees for service animals. Unlike regular pets, service animals are specially trained to perform tasks for individuals with disabilities, and landlords cannot impose breed, size, or weight restrictions on them.

If a tenant requests to live with a service animal, landlords are not allowed to ask for documentation proving the animal’s training. However, they can ask two specific questions to verify its status:

1. Is the animal required because of a disability?
2. What work or task has the animal been trained to perform?

While landlords must accommodate service animals, tenants are responsible for any damages caused by the animal beyond normal wear and tear. If a service animal damages flooring, walls, or other property, the landlord can deduct the cost of repairs from the tenant’s security deposit.

Emotional Support Animals (ESAs): Legal Considerations

Unlike service animals, emotional support animals (ESAs) do not require specialized training, but they are still protected under the Fair Housing Act (FHA). Landlords must make reasonable accommodations for tenants with ESAs, even if pets are typically not allowed in the rental unit.

However, landlords can request documentation from a licensed healthcare professional verifying the tenant’s need for an ESA. While landlords cannot charge pet deposits or pet rent for ESAs, tenants are still responsible for any damage the animal may cause.

When Can a Landlord Deny a Service Animal or ESA?

Although landlords are required to accommodate service animals and ESAs, there are limited exceptions where they can deny a request. A landlord may refuse to allow an assistance animal if they can provide objective evidence that:

• The animal poses a direct threat to the health or safety of other tenants that cannot be reduced or eliminated through reasonable accommodations.
• The animal would cause significant property damage beyond what is considered reasonable, and this risk cannot be mitigated through accommodations.

If a landlord denies a service animal or ESA request, they must provide a valid reason supported by clear documentation or evidence. Simply disliking animals or preferring a pet-free rental is not a valid reason to deny a tenant's request.

Best Practices for Landlords

Implementing clear and fair pet policies can help landlords manage their properties effectively while maintaining positive relationships with tenants.

Crafting a Comprehensive Pet Policy

A well-defined pet policy should include:

• Pet Approval Process: Outline the procedure for tenants to request permission for a pet, including any required documentation or pet interviews.​
• Pet Restrictions: Specify any limitations on the type, size, breed, or number of pets allowed. Ensure that these restrictions comply with federal and state laws, particularly concerning service animals and ESAs.​
• Pet Deposits and Fees: Clearly state any pet deposits, pet rent, or non-refundable pet fees, ensuring they comply with Hawaii's legal limits.​
• Tenant Responsibilities: Detail expectations for pet care, waste disposal, noise control, and adherence to local ordinances.​
• Violation Consequences: Describe the actions that will be taken if the pet policy is violated, such as fines, additional deposits, or potential eviction for repeated offenses.​

Setting Fair and Legal Pet Fees

When determining pet-related charges:

• Compliance with State Laws: Ensure that all fees align with Hawaii's regulations, such as the cap on pet deposits.​
• Market Rates: Research local market trends to set competitive and reasonable pet rent amounts.​
• Transparency: Clearly communicate all pet-related fees in the lease agreement to avoid disputes.​

Regular Property Inspections

Conducting routine inspections helps maintain the property's condition and address potential issues early:

• Inspection Schedule: Establish a regular inspection schedule (e.g., quarterly or semi-annually) and inform tenants in advance.​
• Notice Requirements: Provide proper notice to tenants before entering the property, as required by Hawaii law.​
• Documentation: Keep detailed records of inspection findings and any necessary repairs or maintenance.​
• Tenant Communication: Discuss any concerns with the tenant and provide guidance on resolving issues related to pet care or property upkeep.​

Key Takeaways for Landlords

Navigating pet policies in Hawaii rental properties requires landlords to balance property protection with legal compliance. While landlords can allow or restrict pets, charge pet rent, and require pet deposits, they must adhere to Hawaii’s security deposit laws and federal protections for service animals and emotional support animals (ESAs).

Final Thoughts on Pet Policies in Hawaii Rentals

• Landlords can set pet policies, including restrictions on breeds, pet sizes, and the total number of pets allowed, or enforce a no-pet policy—but these rules must be clearly stated in the lease agreement to be enforceable.
• Security deposits in Hawaii cannot exceed one month’s rent, but landlords may charge a separate pet deposit (also capped at one month’s rent). Pet deposits must be refunded if no pet-related damages occur.
• Pet rent is legal in Hawaii, and landlords can charge a monthly pet fee. However, pet rent amounts must be disclosed in the lease agreement and should be reasonable and competitive with the local market.
• Service animals and ESAs are not considered pets, meaning landlords cannot charge pet deposits, pet rent, or additional fees for them. However, tenants are responsible for any damages caused by their assistance animal.
• Evictions related to pets must follow Hawaii’s legal process, ensuring that any lease violations—such as unauthorized pets, excessive property damage, or disturbances—are handled in compliance with state law.
• Regular property inspections help landlords monitor pet-related wear and tear, but tenants must be given proper notice before an inspection is conducted, per Hawaii law.
• A well-structured lease agreement protects both landlords and tenants by outlining pet policies, deposits, tenant responsibilities, and consequences for violations.
• Pet screening is highly recommended to ensure only responsible pet owners and well-behaved pets are approved for rental properties.

By implementing clear and enforceable pet policies, landlords can protect their rental properties while still accommodating responsible pet owners. A legally compliant and fair approach ensures that landlords retain control over their rental units while adhering to Hawaii’s rental laws.

Frequently Asked Questions About Hawaii Pet Rent Laws

Can you charge pet rent in Hawaii?

Yes, landlords in Hawaii can charge pet rent. While the state limits security deposits to one month's rent, landlords may also collect an additional pet deposit, also capped at one month's rent, to cover potential pet-related damages. Additionally, landlords can charge a monthly pet rent, provided these terms are clearly outlined in the lease agreement. ​

What are the pet laws in Hawaii?

Hawaii allows landlords to set specific pet policies, including restrictions on pet size, breed, and number. Landlords can charge a pet deposit of up to one month's rent, separate from the standard security deposit, to cover potential damages caused by pets. However, under the Fair Housing Act, service animals and emotional support animals (ESAs) are not considered pets. Landlords must make reasonable accommodations for tenants with these assistance animals and cannot impose pet deposits or fees for them. ​

Can a landlord charge a pet deposit for an emotional support animal in Hawaii?

No, landlords in Hawaii cannot charge a pet deposit or pet rent for an emotional support animal (ESA). Under the Fair Housing Act, ESAs are not considered pets, and landlords must provide reasonable accommodations without imposing additional fees. However, tenants are responsible for any damages caused by their ESA beyond normal wear and tear. ​

What is the 30-day rental law in Hawaii?

Hawaii defines short-term rentals as those rented for fewer than 30 consecutive days. In 2022, Honolulu passed Ordinance 22-7, which increased the minimum stay for short-term rentals outside resort areas from 30 to 90 days. However, a federal judge granted a preliminary injunction in October 2022, halting the enforcement of the 90-day minimum, effectively reverting the minimum rental period back to 30 days.

Is pet rent negotiable?

Yes, pet rent is negotiable in Hawaii. The amount and terms of pet rent can be discussed and agreed upon by both landlord and tenant before signing the lease agreement. It's advisable for tenants to communicate openly with landlords to reach mutually agreeable terms regarding pet rent.