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Old 09-11-2011, 12:56 PM
 
Location: Kailua Kona, HI
3,199 posts, read 13,406,877 times
Reputation: 3422

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Becca I cannot research the statute at the moment but after being a licensed Realtor for 6 years and managing over 175 properties for over 5 years, I have never heard of anyone being able to charge more rent because of pets or any other reason. So I seriously doubt that it's legal to do so.
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Old 09-11-2011, 04:40 PM
 
Location: Virginia
1,014 posts, read 2,101,416 times
Reputation: 1052
Funny how people get on here and tell others that they can't be charged pet rent. If it's illegal, then someone needs to tell that to cirrus asset management, because I know for a fact they charge $25 per pet, per month for rental units in the waikiki area. They even advertise it. They also have regular vacancies and are the easist to find.

I had nothing but a positive experience with them, and they were very helpful. But the FACT remains, they do charge $25 per pet, per month.
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Old 09-11-2011, 05:08 PM
 
Location: Kahala
12,120 posts, read 17,932,685 times
Reputation: 6176
It was always my understanding security deposit in Hawaii has very clearly statutes.

Rent, it is market driven and negotiable - a landlord can charge what the market will bear as long as the landlord does not discriminate (for instance, you can't ask for more rent for males versus female renters). Therefore, the tenant and landlord can negotiate the amount of the rent upwards or downwards. Having a pet and a landlord asking for more rent is not considered discrimination.
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Old 09-11-2011, 05:29 PM
 
Location: Kailua Kona, HI
3,199 posts, read 13,406,877 times
Reputation: 3422
Whtviper1, you could be right there, it seems to be a little bit of a gray area. I am going to see what I can find out via the statutes or other property managers whom I know in the NARPM organization.

Hawaii statutes aren't famous for clarity.
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Old 09-11-2011, 06:43 PM
 
Location: Capitol Hill - Washington, DC
3,168 posts, read 5,532,713 times
Reputation: 3425
Quote:
Originally Posted by KonaKat View Post
Whtviper1, you could be right there, it seems to be a little bit of a gray area. I am going to see what I can find out via the statutes or other property managers whom I know in the NARPM organization.

Hawaii statutes aren't famous for clarity.
Thank you so much, I would really appreciate it. I tried going through the LL/tenant code and also had a hard time reading through the statutes, as I don't really know where to look exactly. At this point, I'm very interested in finding the answer just because I don't know what it is! lol
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Old 09-12-2011, 01:12 PM
 
4,918 posts, read 22,695,777 times
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A LL and tenant will agree to the monthy amount of the rent.
A LL can charge one amount for those with pets and another for those without pets (excludes service animals) and so long as both agree, it's legal.
The LL can only charge a security deposit equal to the one month agreed rent.
The LL can not under hawaii rules ask for any additional tupes of desposits. So they can't (like you may be use to on the mainland) charge an additional $X as a "pet deposit".

basically they can charge more per month for those with pets, and the security deposit will reflect that higher amount, but they can't colect any deposits above that one month rent.

hope that helps understand the confusion.
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Old 09-12-2011, 01:26 PM
 
101 posts, read 249,712 times
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Quote:
Originally Posted by PacificFlights View Post
A LL and tenant will agree to the monthy amount of the rent.
A LL can charge one amount for those with pets and another for those without pets (excludes service animals) and so long as both agree, it's legal.
The LL can only charge a security deposit equal to the one month agreed rent.
The LL can not under hawaii rules ask for any additional tupes of desposits. So they can't (like you may be use to on the mainland) charge an additional $X as a "pet deposit".

basically they can charge more per month for those with pets, and the security deposit will reflect that higher amount, but they can't colect any deposits above that one month rent.

hope that helps understand the confusion.
I also read that all deposits are refundable. LL cannot require a non-refundable pet deposit.
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Old 09-12-2011, 01:38 PM
 
4,918 posts, read 22,695,777 times
Reputation: 6303
Quote:
Originally Posted by WindRide View Post
I also read that all deposits are refundable. LL cannot require a non-refundable pet deposit.
They can't require a pet deposit (refundable or nonrefundable) period.
All they can do is increase the rent per moth and that means the initial security deposit would be equal to the one month rent. hawaii has no legal additioanl deposits so there is no such thing as a pet deposit as far as hawaii is concern.
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Old 09-12-2011, 01:42 PM
 
101 posts, read 249,712 times
Reputation: 82
Quote:
Originally Posted by PacificFlights View Post
They can't require a pet deposit (refundable or nonrefundable) period.
All they can do is increase the rent per moth and that means the initial security deposit would be equal to the one month rent. hawaii has no legal additioanl deposits so there is no such thing as a pet deposit as far as hawaii is concern.
True, my point was that they can't make any part of your deposit non-refundable for any reason. I've seen several postings on Craigslist that state a non-refundable deposit.
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Old 09-12-2011, 05:49 PM
 
Location: Puna, Hawaii
4,416 posts, read 4,920,198 times
Reputation: 8058
I've seen a lot of rentals. Pets ALWAYS cause damage. Every pet owner thinks their pets are angels but even if it's not something as tangible as a subfloor soaked with urine or a door chewed up, there are other considerations like increased wear and tear on the carpet and invisible smells and allergens everywhere. Landlords also have to waste time dealing with animal noise complaints and time is money. As a tenant I paid extra for having my dog and never even thought for a second it was unfair. On the other hand, I felt no guilt when my dog chewed a hole in the linoleum either because I figured I was already paying for it's repair.
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