Pet Addendum in Hawaii

Adds pet terms to a lease. Assistance animals for people with disabilities are not pets: no pet fee or pet rent may be charged for them under federal fair housing rules.

What Hawaii law says

Pet deposits and fees	If a pet is allowed, the landlord may require an additional pet security deposit, agreed upon by landlord and tenant, of no more than one month's rent, on top of the regular security deposit cap of one month's rent. A pet deposit may not be required from a tenant without a pet, or for an assistance animal that is a reasonable accommodation for a tenant with a disability. The pet deposit may be used only to compensate for damage caused by the pet. At the start of a tenancy the landlord may not collect any money other than the first month's rent and the allowed security deposit, which limits up-front non-refundable pet fees. Source: HRS s. 521-44(a)(4), (b)
Service & support animals (state law)	Refusing a reasonable accommodation needed by a person with a disability is a discriminatory practice; for an assistance animal (including service, therapy, comfort, or emotional support animals, trained or untrained, any species), reasonable restrictions may be imposed. If the disability or need is not readily apparent, the owner may request verification (e.g., a letter from the treating health care professional, mental health professional, or social worker), but may not request medical records or ask about diagnosis, nature, or severity. Online vests, tags, or registrations are not valid verification. No pet deposit may be charged for an assistance animal that is a reasonable accommodation. Knowingly misrepresenting an animal as a service animal carries a civil fine of $100–$250 (first violation) and at least $500 for later violations. Section 515-3 was last amended in 2022 (Act 154). The misrepresentation penalty (§ 347-2.6, 2018) applies to service animals, not ESAs: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0347/HRS_0347-0002_0006.htm Source: HRS §§ 515-3(a)(9), (b); 521-44(b)(1)(B); 347-2.6

Pet deposits and fees

If a pet is allowed, the landlord may require an additional pet security deposit, agreed upon by landlord and tenant, of no more than one month's rent, on top of the regular security deposit cap of one month's rent. A pet deposit may not be required from a tenant without a pet, or for an assistance animal that is a reasonable accommodation for a tenant with a disability. The pet deposit may be used only to compensate for damage caused by the pet.

At the start of a tenancy the landlord may not collect any money other than the first month's rent and the allowed security deposit, which limits up-front non-refundable pet fees.

Source: HRS s. 521-44(a)(4), (b)

Service & support animals (state law)

Refusing a reasonable accommodation needed by a person with a disability is a discriminatory practice; for an assistance animal (including service, therapy, comfort, or emotional support animals, trained or untrained, any species), reasonable restrictions may be imposed. If the disability or need is not readily apparent, the owner may request verification (e.g., a letter from the treating health care professional, mental health professional, or social worker), but may not request medical records or ask about diagnosis, nature, or severity. Online vests, tags, or registrations are not valid verification. No pet deposit may be charged for an assistance animal that is a reasonable accommodation. Knowingly misrepresenting an animal as a service animal carries a civil fine of $100–$250 (first violation) and at least $500 for later violations.

Section 515-3 was last amended in 2022 (Act 154). The misrepresentation penalty (§ 347-2.6, 2018) applies to service animals, not ESAs: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0347/HRS_0347-0002_0006.htm

Source: HRS §§ 515-3(a)(9), (b); 521-44(b)(1)(B); 347-2.6

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PET ADDENDUM to the lease for [rental address] dated [lease date]

Tenant: [tenant name] Pet(s): [type, breed, name, weight]

Pet deposit: $[pet deposit] (counts toward any state deposit limit where the law says so). Monthly pet rent: $[pet rent]

The tenant keeps the pet under control, cleans up after it, and pays for damage it causes beyond normal wear and tear.

Signatures and dates: [signatures]

Pet Addendum for other states · Hawaii tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.