25 Essential Tips, Rules, and Loopholes for Renting on the Big Island

Renting a home on the Big Island of Hawaii comes with unique challenges, but understanding your rights, key laws, and useful loopholes can make the process much smoother. Whether you’re a first-time renter, relocating, or looking for special accommodations, these 25 tips will help you navigate the rental market like a pro.

General Renting Rules & Tips

1. Hawaii Requires Written Rental Agreements for Leases Over a Year

   • Any lease longer than a year must be in writing to be legally enforceable.

2. Verbal Month-to-Month Agreements Are Allowed

   • Hawaii permits verbal rental agreements for month-to-month leases, but written agreements provide better protection.

3. Landlords Can’t Charge More Than One Month’s Rent as a Security Deposit

   • Unlike some states, Hawaii caps security deposits at one month’s rent.

4. No-Pet Policies Don’t Apply to Service Animals

   • If you have a service dog or an emotional support animal (ESA), landlords must make reasonable accommodations, even if the property has a no-pets policy.

5. Landlords Can’t Charge a Pet Deposit for Service Animals or ESAs

   • They can charge for any damage caused by the animal, but they cannot require a pet deposit.

6. Landlords Must Return Security Deposits Within 14 Days

   • If a tenant moves out, the landlord has 14 days to return the deposit or provide an itemized list of deductions.

7. Rent Can Only Be Raised Once Every 6 Months for Month-to-Month Leases

   • Landlords cannot increase rent more frequently than every six months unless the lease states otherwise.

8. Hawaii Has No Rent Control

   • There are no laws capping how much rent can increase, so expect periodic raises.

9. Late Fees Are Capped at 8% of Monthly Rent

   • If you’re late on rent, the maximum penalty is 8% of your monthly rent.

10. Tenants Must Be Given a Minimum of 45 Days’ Notice for Eviction (Most Cases)

• For non-payment, you usually have five days to pay or vacate, but for other lease violations, landlords must give 45 days’ notice for month-to-month tenants.

Helpful Loopholes & Little-Known Laws

11. You Can Withhold Rent for Major Repairs

• If a landlord refuses to make necessary repairs (plumbing, electrical, roof leaks, etc.), you may be able to withhold rent or deduct repair costs under Hawaii law.

12. Landlords Can’t Retaliate if You Report Violations

• If you file a complaint about unsafe conditions or discrimination, landlords cannot legally evict or penalize you in response.

13. You Can Break a Lease Without Penalty for Military Relocation

• Under the Servicemembers Civil Relief Act (SCRA), active-duty military members can break a lease without penalty if they receive orders for relocation.

14. If the Lease is Illegal, You Might Get Free Rent

• If a landlord illegally rents out a unit (such as a non-permitted dwelling), you may not be legally required to pay rent in some cases.

15. Some Landlords Offer “Kamaʻāina Discounts”

• Local renters (long-term residents) may negotiate special discounts with landlords, especially in areas with high tourist demand.

16. Unpermitted Ohana Units Can Be Risky

• Many properties have illegal ohana (guest) units. If a landlord rents an unpermitted unit, they may not be able to enforce the lease.

17. No Early Termination Fees for Domestic Violence Victims

• Hawaii law allows domestic violence survivors to break a lease without penalty.

18. You Have a Right to Quiet Enjoyment

• If neighbors are excessively loud or the landlord disrupts your peace, you may have legal grounds to break the lease.

19. Leases Must List All Charges Upfront

• Any undisclosed fees (like extra parking or maintenance fees) may be invalid unless included in the lease.

20. If Your Landlord Sells the Property, Your Lease Still Stands

• A new owner must honor an existing lease until it expires.

Housing Discrimination & Fair Housing Tips

21. Landlords Can’t Discriminate Based on Race, Religion, or Disability

• Hawaii follows federal Fair Housing laws, making discrimination illegal.

22. Landlords Can’t Refuse Section 8 Vouchers (in some cases)

• Some counties require landlords to accept renters using housing assistance programs.

23. Application Fees Must Be Refunded if No Credit Check is Done

• If a landlord does not run a background or credit check, they must refund the application fee.

24. Owner-Occupied Rentals (4 Units or Less) Are Exempt from Some Fair Housing Laws

• If the owner lives on-site in a building with four or fewer units, they may have some exemptions from Fair Housing laws.

25. Landlords Can’t Refuse Families with Kids (in Most Cases)

• “No kids” policies are illegal in most rental properties, except in senior-living housing.

Final Thoughts

The Big Island rental market has its quirks, but knowing these rules, tips, and loopholes can help you protect your rights and negotiate better rental terms. Whether you’re moving to Hawaii for the first time or just relocating on the island, being well-informed gives you an edge.

💡 Need more help navigating the rental or home-buying process? Reach out to James T. Morrison & Julie Armstrong at The Papakea Collection for expert real estate guidance on the Big Island. 📞 Call (808) 339-8249 or Visit thepapakeacollection.com