Hawaii Pet Rent Laws: What Landlords Can Charge

If you're renting a home or apartment in Hawaii and have a pet, it's important to know your rights regarding pet rent and pet-related deposits. With rental laws evolving, understanding current rules can help you avoid unexpected charges and ensure you’re treated fairly. This guide will clearly explain what landlords in Hawaii are legally allowed to charge for pets, any limits on these amounts, and how pet fees differ from regular security deposits.

Understanding Pet Rent and Pet Fees in Hawaii

In Hawaii, landlords can charge renters additional amounts for keeping pets. These charges can come in three forms:

• Pet rent: An extra monthly charge added to your regular rent for having a pet in your unit.
• Pet deposit: A one-time, refundable deposit meant to cover possible pet-related damage.
• Pet fee: A one-time, non-refundable fee simply for allowing a pet.

While landlords have the right to collect pet-related charges, there are legal limits on how much can be taken as a deposit, which benefits renters.

What Does State Law Allow?

Under the Hawaii Residential Landlord-Tenant Code, landlords can require a security deposit no greater than one month’s rent. If you have a pet, landlords may also collect a separate pet deposit—also capped at one month’s rent^[1]. This pet deposit must be refundable, unless it is stated otherwise in your rental agreement.

There is currently no specific cap or prohibition in Hawaii law on monthly pet rent or non-refundable pet fees. However, any such charges should be clearly mentioned in your lease agreement.

Special Rules for Assistance Animals

It's important to note that service animals and support animals are not considered pets under state and federal law. Landlords cannot charge pet rent, fees, or deposits for these animals. For detailed information, refer to the Hawaii Disability Rights Center’s Service Animals in Housing page and the U.S. Department of Housing and Urban Development (HUD) guide on assistance animals.

Key Forms Renters Should Know

• Condition of Premises Checklist (Form N-5)
  Used to document the condition of your rental before moving in and after moving out. Helps determine if pet-related damages exist at the end of tenancy.
  View the official Condition of Premises Checklist (Form N-5)
• Notice of Refund or Retention of Security Deposit (Form N-11)
  If any part of your pet deposit is withheld, the landlord must give you notice with reasons for retention. Especially important if you believe pet damages are wrongly claimed.
  View the official Notice of Refund or Retention (Form N-11)

These forms are provided by the Hawaii Landlord-Tenant Information Center. Using them can help protect your deposit and clarify any pet-related disputes.

Security Deposit Limits for Pet Owners

Hawaii law sets clear security deposit limits:

• The regular security deposit cannot exceed one month’s rent.
• If you have a pet, the pet deposit can be up to one additional month’s rent.
• Pet deposits are refundable unless stated otherwise in the lease.
• Pet fees and pet rent are not capped, but must be disclosed in your rental agreement.

Keeping records and inspecting your rental with your landlord protects your rights regarding deposits and deductions.

If You Disagree with Pet Fees or Deductions

If you think your landlord has charged illegal pet fees or wrongly withheld your pet deposit, you have the right to dispute it. You can:

• Request a written explanation and itemization using Form N-11.
• Contact the Hawaii Landlord-Tenant Information Center for guidance and complaints.
• File a claim in Hawaii District Court (the tribunal for tenancy disputes) if needed.

FAQ

1. Can my landlord charge me both pet rent and a pet deposit in Hawaii?
   Yes. Landlords may charge monthly pet rent and collect a refundable pet deposit (up to one month’s rent) as long as both are disclosed in your lease.
2. Is there a legal limit on the amount of pet rent in Hawaii?
   No. Hawaii law does not set a maximum for monthly pet rent, but it must be stated in the lease agreement.
3. What should I do if my landlord refuses to refund my pet deposit?
   You may use Notice of Refund or Retention of Security Deposit (Form N-11) to request an explanation, and seek help from the Hawaii Landlord-Tenant Information Center or file in Hawaii District Court.
4. Are assistance animals or emotional support animals included in pet deposit rules?
   No. Landlords cannot charge pet rent or deposits for assistance animals or service animals in Hawaii.
5. Where can I get official Hawaii landlord-tenant forms?
   The Hawaii Landlord-Tenant Information Center provides free forms including move-in checklists and notice forms.

Conclusion: What Renters Should Remember

• Hawaii landlords may charge monthly pet rent and a refundable pet deposit up to one month’s rent.
• There are no legal caps on pet rent or pet fees, but assistance animals are fully protected from any pet-related charges.
• Use official forms and keep documentation to protect your rights.

Understanding these rules helps Hawaii renters manage pet-related charges and resolve any disputes fairly and efficiently.

Need Help? Resources for Renters

• Hawaii Landlord-Tenant Information Center—For forms, complaints, and renter guidance
• Hawaii District Court: Landlord-Tenant FAQ—Info on how disputes are resolved
• Service Animals in Housing—Rights for tenants with disabilities

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1. Hawaii Revised Statutes § 521-44 – Security Deposits Law
2. Hawaii Landlord-Tenant Information Center
3. Hawaii District Court - Landlord-Tenant Disputes
4. Hawaii Service Animals Housing Fact Sheet

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