Are Hidden Cameras Allowed in Hawaii Rental Properties?

If you're renting in Hawaii, you expect privacy and peace of mind in your home. Questions about hidden cameras in rental units are increasingly common, especially as technology makes surveillance easier. This article explains what Hawaii law says about hidden cameras in rentals, your privacy rights as a tenant, and what to do if you suspect a violation.

Understanding Tenant Privacy and Surveillance in Hawaii

Hawaii protects renters' privacy through its residential landlord-tenant law. Landlords must respect a tenant’s right to enjoy their rental without unreasonable intrusion. Hawaii law addresses both general privacy and the use of audio or visual recording devices.

Are Hidden Cameras Legal in a Hawaii Rental?

In Hawaii, the use of hidden cameras in a rental unit is generally not allowed. Hawaii law prohibits intentionally installing or using surveillance devices to observe or record people in private areas—like bathrooms and bedrooms—without their consent. This is covered under the Hawaii Revised Statutes §708-829.5, "Violation of Privacy in the First Degree".^[1]

• Landlords cannot install hidden cameras inside your private living space without clear, written consent from you.
• Visible security cameras in shared or common areas (like outside entryways or hallways) may be used, but they still must not violate reasonable expectations of privacy.
• Audio recording inside your unit is even more strictly regulated by Hawaii's wiretapping laws.

What If a Landlord Installs Cameras Without Consent?

If you discover a hidden camera in your rental without your prior written knowledge and consent, your landlord may be violating both criminal and civil laws. In addition to contacting law enforcement, tenants can report privacy violations to Hawaii’s Office of Consumer Protection (OCP). You may also have remedies through the courts under Hawaii’s Residential Landlord-Tenant Code.^[2][3]

Forms and Action Steps for Renters

• Landlord-Tenant Complaint Form: Used if you wish to file a privacy violation complaint with the Office of Consumer Protection. Download the Landlord-Tenant Complaint Form (no specific form number).

How to use it: For example, if you find a camera hidden in your bedroom and your landlord cannot show evidence of your written consent, fill out this form with the details and submit it by mail or in person to OCP.

Which Authority Handles Rental Disputes in Hawaii?

The Office of Consumer Protection (OCP) is Hawaii’s official agency handling residential landlord-tenant issues, including privacy disputes.

Relevant Legislation Protecting Rental Privacy

• Hawaii Revised Statutes §708-829.5 – Violation of Privacy: Covers prohibited use of surveillance/cameras without consent.
• Hawaii Residential Landlord-Tenant Code (HRS Chapter 521): Details landlord and tenant rights, including right to privacy.

Summary: Hidden cameras inside Hawaii rental homes are only permitted with a renter’s clear, written agreement. Without this, landlords may be breaking state law.

Frequently Asked Questions

1. Can my landlord put cameras inside my rental unit in Hawaii?
   Generally, no. Interior cameras are prohibited without your written consent. Exterior or common area cameras are permitted if they don't invade personal privacy.
2. What should I do if I find a hidden camera in my Hawaii rental?
   Document the device, avoid tampering, notify your landlord in writing, and consider contacting the Office of Consumer Protection or local law enforcement.
3. Is my landlord required to tell me if there are cameras?
   Yes. Landlords must clearly disclose any cameras inside your unit and seek your written permission.
4. Where can I submit a privacy violation complaint in Hawaii?
   Use the Landlord-Tenant Complaint Form with the Office of Consumer Protection.
5. Do these rules apply to Airbnb or vacation rentals?
   Yes, Hawaii law covers traditional leases and most short-term rentals when it comes to interior surveillance.

Conclusion: Key Takeaways

• Hawaii renters have strong privacy protections—hidden interior cameras are generally illegal without consent.
• Landlords must always inform and get written permission for surveillance devices inside private areas.
• Official complaint forms and state agencies are available to help renters address privacy violations.

Need Help? Resources for Renters

• Hawaii Office of Consumer Protection – Landlord-Tenant Program: Advice, complaints, and educational resources
• File a Landlord-Tenant Complaint with OCP
• Hawaii Department of the Attorney General – Privacy Violations Information
• For legal questions, consider contacting the Legal Aid Society of Hawaii

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1. Hawaii Revised Statutes §708-829.5 – Violation of Privacy in the First Degree
2. Hawaii Office of Consumer Protection: Landlord-Tenant Information
3. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)

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