Hawaii Landlord-Tenant Recording Laws: Surveillance and Privacy Rights

March 23, 202613 min read

Hawaii's landlord-tenant recording laws involve the intersection of tenant privacy rights, landlord security interests, and the state's recording consent statutes. The core principle is straightforward: a rental unit is a "private place" under HRS 711-1111, giving tenants strong privacy protections inside their homes. At the same time, Hawaii's one-party consent law under HRS 803-42 allows both landlords and tenants to record conversations they participate in.

This guide covers what landlords can and cannot record, tenant recording rights, security cameras in common areas, vacation rental rules, and how recording evidence can be used in landlord-tenant disputes.

Tenant Privacy Rights Inside the Rental Unit

The Rental Unit as a Private Place

Hawaii apartment building roof access door with a security camera above it

Under HRS 711-1111, a private place is a location where a person may "reasonably expect to be safe from casual or hostile intrusion or surveillance." A rental unit clearly qualifies. This means:

The tenant has a reasonable expectation of privacy inside their rental unit
No recording device may be installed or used inside the unit without the tenant's consent
This protection applies to all rooms, including living areas, bedrooms, kitchens, and bathrooms
The protection exists regardless of who owns the property

What Landlords Cannot Do Inside Rental Units

A landlord cannot:

Install hidden cameras anywhere inside a rental unit
Place audio recording devices inside a rental unit
Use smart home devices to monitor tenants without disclosure and consent
Install baby monitors, nanny cameras, or similar devices without the tenant's knowledge
Access security camera feeds that capture the interior of a tenant's unit
Use thermal imaging or other technology to monitor activities inside the unit

Penalties for Landlord Surveillance Violations

A landlord who installs recording devices inside a tenant's unit faces:

Misdemeanor charges under HRS 711-1111: up to 1 year in jail, $2,000 fine
Class C felony charges under HRS 711-1110.9 if intimate images are captured: up to 5 years in prison, $10,000 fine
Civil liability for invasion of privacy, intentional infliction of emotional distress, and statutory damages under HRS 803-48
Lease violations and potential liability under the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)

Landlord Security Cameras in Common Areas

Permitted Camera Locations

Landlords of multi-unit properties can install security cameras in common areas where tenants and visitors do not have a reasonable expectation of privacy:

Building entrances and exits: Front doors, back doors, and emergency exits
Lobbies and reception areas: Common waiting areas and front desks
Hallways and corridors: Shared walkways between units
Parking lots and garages: Vehicle and pedestrian areas
Laundry rooms: Common laundry facilities
Pool and recreation areas: Common outdoor amenities (not near changing areas)
Mail rooms: Common mail collection areas
Trash and recycling areas: Dumpster and disposal areas

Prohibited Camera Locations

Landlords cannot place cameras in:

Inside individual rental units
Common area bathrooms and restrooms
Pool changing rooms or shower areas
Any area where tenants have a reasonable expectation of privacy

Notice to Tenants

While Hawaii does not have a specific statute requiring landlords to notify tenants about common area cameras, best practices include:

Disclosing camera locations in the lease agreement
Posting visible signs in surveilled areas
Informing tenants about camera policies during move-in
Notifying tenants when new cameras are installed

Tenant Recording Rights

Recording Conversations With Landlords

Under one-party consent (HRS 803-42), tenants can record conversations they participate in with their landlord, property manager, or maintenance staff without informing them. This is valuable for documenting:

Verbal agreements about repairs, upgrades, or lease modifications
Harassment or intimidation by the landlord
Illegal entry discussions or confrontations
Lease term disputes and verbal commitments
Maintenance requests and the landlord's response
Move-in and move-out condition discussions

Recording Property Inspections

When a landlord conducts a lawful property inspection, the tenant who is present can record the inspection under one-party consent. This creates a record of:

The condition of the property at the time of inspection
What the landlord said about repairs, damage, or lease compliance
Whether proper notice was given for the inspection
Any disputes that arise during the inspection

Tenant Security Cameras

Tenants can install their own security cameras inside their rental unit, subject to:

Lease provisions that may restrict modifications to the unit
Not recording in areas where other household members have privacy expectations
Doorbell cameras on the exterior (check lease for approval requirements)
Not damaging the property during installation

Landlord Entry and Recording

Hawaii Entry Notice Requirements

Under the Hawaii Residential Landlord-Tenant Code (HRS 521-53), a landlord may enter a rental unit only:

With the tenant's consent
In an emergency
When the tenant has abandoned or surrendered the premises
With reasonable notice (at least two days) for inspections, repairs, or showing to prospective tenants, and only at reasonable times

Recording Unauthorized Entry

If a landlord enters the rental unit without proper notice or consent, the tenant can use their own security cameras or recording devices to document the unauthorized entry. This evidence can support:

Complaints to the landlord or property management company
Reports to law enforcement for trespassing
Civil claims under the Residential Landlord-Tenant Code
Requests for lease termination based on landlord violations

What Constitutes Unauthorized Entry

Under HRS 521-53, unauthorized entry includes:

Entering without giving the required two-day notice (except emergencies)
Entering at unreasonable hours
Entering for purposes not authorized by the statute
Entering when the tenant has specifically denied consent (unless emergency or court order)

Recording in Landlord-Tenant Disputes

Using Recordings as Evidence

Recordings made legally under one-party consent are generally admissible in Hawaii legal proceedings, including:

Small claims court: For disputes over security deposits, repairs, or lease violations
District court: For eviction proceedings and larger claims
Mediation: As evidence during alternative dispute resolution
Administrative hearings: For complaints to government agencies

Types of Evidence Recordings Can Provide

Recordings are particularly valuable in landlord-tenant disputes for documenting:

Verbal promises about repairs or lease terms that were not put in writing
The condition of the property (video walkthrough)
Harassment or retaliatory conduct by the landlord
Noise complaints and habitability issues
The landlord's acknowledgment of problems

Authentication

To use a recording as evidence in court, you should be prepared to:

Testify about when, where, and how the recording was made
Identify the speakers on the recording
Confirm that the recording has not been altered
Provide the original recording or a verified copy

Vacation Rental Recording Rules

Short-Term Rental Hosts

Hawaii's significant vacation rental market creates specific recording concerns. Vacation rental hosts (Airbnb, VRBO, etc.) must follow the same rules as traditional landlords regarding interior privacy:

No interior cameras: No cameras inside the rental unit, including living rooms, kitchens, bedrooms, and bathrooms
Exterior cameras permitted: Doorbell cameras, driveway cameras, and exterior security cameras are generally acceptable
Mandatory disclosure: Most vacation rental platforms require hosts to disclose all cameras in the listing
Audio recording restrictions: Audio capabilities on exterior cameras should be addressed

Guest Rights in Vacation Rentals

Vacation rental guests have the same privacy protections as long-term tenants regarding recording inside the unit. A vacation rental unit is a "private place" under HRS 711-1111 for the duration of the guest's stay.

Penalties for Vacation Rental Violations

Hidden cameras in vacation rentals carry the same criminal penalties as in any other rental:

Misdemeanor under HRS 711-1111 for recording in a private place
Class C felony under HRS 711-1110.9 if intimate images are captured
Civil liability for invasion of privacy
Platform violations, delisting, and loss of rental income

Smart Home Devices and Tenant Privacy

Landlord-Installed Smart Devices

If a landlord provides smart home devices (smart speakers, smart thermostats, doorbell cameras, etc.) as part of the rental, tenants should:

Ask whether the devices have recording or monitoring capabilities
Determine whether the landlord can access data from the devices
Request written disclosure of all smart device capabilities
Consider disconnecting or disabling devices they are uncomfortable with

Tenant-Installed Smart Devices

Tenants can install their own smart devices, subject to lease restrictions on modifications. Smart speakers, personal cameras, and other devices in the tenant's own unit are controlled by the tenant.

Filing Complaints About Landlord Surveillance

Steps to Take

If you discover unauthorized surveillance by your landlord:

Document the discovery: Photograph or video the device, note its location and type
Do not remove the device if it may be evidence of a crime
Contact local police: File a criminal report for violation of HRS 711-1111
Notify the landlord in writing: Demand removal of the device and preservation of all footage
Contact an attorney: Discuss civil remedies and potential claims
File a complaint: If applicable, report the landlord to relevant housing authorities
Consider lease termination: Unauthorized surveillance may constitute a material breach of the lease

Legal Remedies Available

Tenants who discover unauthorized landlord surveillance can pursue:

Criminal prosecution of the landlord
Civil lawsuit for invasion of privacy, emotional distress, and statutory damages
Lease termination based on the landlord's material breach
Protective orders to prevent continued surveillance
Recovery of moving costs and relocation expenses if forced to vacate

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Sources and References

Hawaii Revised Statutes 711-1111 - Violation of Privacy in the Second Degree(capitol.hawaii.gov).gov
Hawaii Revised Statutes 711-1110.9 - Violation of Privacy in the First Degree(capitol.hawaii.gov).gov
Hawaii Revised Statutes 803-42 - Interception of Communications(capitol.hawaii.gov).gov
Hawaii Revised Statutes 803-48 - Recovery of Civil Damages(capitol.hawaii.gov).gov
Hawaii Residential Landlord-Tenant Code (Chapter 521)(capitol.hawaii.gov).gov
Hawaii Revised Statutes 521-53 - Landlord Access(capitol.hawaii.gov).gov