Hawaii Short-Term Rental Laws: What Renters Need to Know About Airbnb Sublets

With the rising popularity of Airbnb and other short-term rental platforms, many Hawaii renters wonder about subletting their homes or rooms. However, state and local laws place strict limits on these arrangements. Understanding Hawaii's short-term rental rules—especially if you're thinking about subletting your rental as an Airbnb—can help protect you from eviction, fines, and other legal issues.

Understanding Short-Term Rentals and Airbnb Sublets in Hawaii

In Hawaii, short-term rentals typically refer to any rental period of less than 30 days. Subletting through Airbnb (or similar sites) means renting out your home or room—often for days, weeks, or weekends. This is also called "transient vacation rental" activity under local ordinances.

Hawaii Laws Regulating Short-Term Rentals

Hawaii law restricts or regulates short-term rentals on state and county levels. Although the main Hawaii residential landlord-tenant law (Hawaii Revised Statutes Chapter 521 – Landlord-Tenant Code) doesn't specifically mention Airbnb or vacation rentals, your lease and local zoning rules are key. The City and County of Honolulu, Maui, Kauai, and Hawai‘i (Big Island) each have their own rules banning or severely limiting short-term rentals in most residential areas.^[1]

• Most leases prohibit subletting without the landlord’s written consent.
• Counties can fine landlords and tenants for illegal short-term rentals—up to thousands of dollars per day.
• Your landlord may start eviction procedures if you sublet without permission or break county vacation rental laws.

What If You Want to Sublet Your Hawaii Rental as an Airbnb?

• Check your lease. Most standard Hawaii rental agreements forbid subletting or require the landlord's written approval.
• Contact your landlord for written permission before listing on Airbnb or any platform.
• Check local county rules on short-term rentals. These rules often override your landlord’s approval if transient vacation rentals are not allowed in your area.

Renters should be especially careful: listing your unit or room as an Airbnb without meeting all requirements is a lease violation and likely illegal in most parts of Hawaii.

Key Forms for Hawaii Renters Considering Subletting

• Landlord Consent to Sublet Form: There is no statewide mandatory form number. Use a written document where your landlord authorizes you to sublet (sample templates available at the Hawaii Department of Commerce and Consumer Affairs). Example: Before listing your room on Airbnb for two weeks, request and receive a signed written consent from your landlord.

The Hawaii Department of Commerce and Consumer Affairs – Office of Consumer Protection recommends all sublet agreements and landlord approvals be documented in writing for your protection.

Tenancy Law and Legal Process

• The main legislation for tenant rights and obligations is the Hawaii Residential Landlord-Tenant Code.
• Tenant-landlord disputes, evictions, or complaints about sublets are handled by the Hawaii Office of Consumer Protection and can also go through the Hawaii District Court's Civil Division (see the Hawaii Judiciary landlord-tenant resources).

Consequences of Illegal Short-Term Sublets

• Lease violations can result in eviction proceedings.
• Counties may issue severe fines for each day an illegal rental is listed or rented out.
• Your landlord can terminate your lease for breaking the law or rental agreement.

Always act promptly if you receive a notice or complaint about an unauthorized short-term rental.

Frequently Asked Questions (FAQ)

1. Is it legal for renters in Hawaii to sublet on Airbnb?
   Generally, no—unless your lease allows it and your local county ordinances permit short-term rentals. Most Hawaii leases and cities prohibit Airbnb-style sublets in residential neighborhoods.
2. Do I need my landlord's permission to sublet in Hawaii?
   Yes. Under the Hawaii Landlord-Tenant Code, you almost always need written landlord consent to sublet, whether for Airbnb or any other arrangement.
3. What happens if I list my rental on Airbnb without approval?
   You may face lease violations, potential eviction, and city fines. Always get permission first and check local county laws.
4. Where can I go for help if I receive an eviction notice related to short-term rentals?
   Contact the Hawaii Office of Consumer Protection or legal aid immediately. You can also review landlord-tenant court forms on the Hawaii Judiciary website.
5. Which agency enforces tenant and landlord rules in Hawaii?
   The Hawaii Office of Consumer Protection handles most landlord-tenant disputes—see their official website.

Key Takeaways for Hawaii Renters

• Check your lease and local county rules before considering any Airbnb or short-term rental sublet.
• Written landlord permission is almost always required—and local laws may still prohibit subletting.
• Illegal subletting may result in fines and eviction, so seek help if you have questions or receive a notice.

Staying compliant with Hawaii law protects your housing and financial security.

Need Help? Resources for Renters

• Hawaii Office of Consumer Protection – Landlord-Tenant Information (Main agency handling disputes and information)
• Hawaii Judiciary – Landlord-Tenant Self-Help Portal (Court forms, guides, and legal process)
• Hawaii Department of Commerce and Consumer Affairs – Forms Library
• Legal Aid Society of Hawaii (Renters’ legal assistance for low-income residents)

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1. See county-level vacation rental rules: Honolulu Short-Term Rental Guide; Maui County Short-Term Rentals; Kauai County Short-Term Rentals; Hawaii Island Short-Term Rental Ordinance
2. Hawaii Revised Statutes Chapter 521 – Landlord-Tenant Code
3. Hawaii Office of Consumer Protection – Landlord-Tenant Program
4. Hawaii Judiciary – Landlord-Tenant Self-Help

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