Laws for pet deposits, pet fees, and pet rent vary from state to state—and sometimes between towns and cities with city codes and ordinances that address these charges.
A pet deposit is a one-time payment designed to protect the landlord and the leased premises against damages that may be caused by a tenant’s pet. Pet deposits are usually refundable, depending on the terms of the lease agreement and any applicable state or local laws.
Pet fees are usually a one-time payment required of a tenant to allow the tenant’s pet to stay at the property. Pet fees are usually nonrefundable.
Pet rent is a recurring monthly charge for the tenant’s pet to stay at the property and will often vary depending on the size and number of pets that stay at the property.
Laws regarding pet deposits, pet fees, and pet rent are usually located in a state’s statutes—and sometimes towns and cities have additional laws (city codes and ordinances) that govern a landlord’s ability to require additional charges for tenants with pets.
In Hawaii, landlords are allowed to charge a pet deposit in addition to the security deposit, as long as the total amount does not exceed one month's rent, except in cases where the tenant is disabled and requires a service animal. The pet deposit is intended to cover damages caused by the pet and is generally refundable if there are no pet-related damages to the property. Hawaii does not have specific state statutes regulating pet fees or pet rent, so these charges may be subject to the terms agreed upon in the lease agreement. Landlords may impose pet fees or pet rent, but these should be reasonable and outlined in the lease. It's important for tenants to review their lease agreements carefully and be aware of any local ordinances that may further regulate pet-related charges. Tenants with service animals are protected under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), which prohibit discrimination against individuals with disabilities, and as such, landlords cannot charge pet deposits, pet fees, or pet rent for service animals.