Hawaii Landlord-Tenant Recording Laws: Surveillance and Privacy Rights

In Hawaii, tenants can record conversations with their landlord without notice under one-party consent (HRS 803-42), while landlords cannot place recording devices inside a rental unit without the tenant's consent because a rental unit qualifies as a private place under HRS 711-1111.

Hawaii's landlord-tenant recording laws sit at the intersection of the state's one-party consent wiretapping statute, its private places privacy law, and tenant rights protections. Both landlords and tenants need to understand when recording is legally permitted and when it crosses into criminal territory.

This guide covers when tenants can record interactions with landlords, what landlords can and cannot install in rental properties, the specific rules for common areas versus private units, and the penalties for violations.

How Hawaii's Recording Laws Apply to Rentals

The Two Key Statutes

Two statutes govern recording in rental settings:

HRS 803-42 (One-Party Consent): Hawaii's wiretapping statute allows any participant in a conversation to record it without informing the other parties. This applies to tenants recording conversations with landlords and to landlords recording conversations with tenants, as long as they are participants.

HRS 711-1111 (Private Places): A separate privacy statute prohibits installing or using recording devices in any "private place" without the consent of all persons entitled to privacy there. A rental unit is a private place, which creates significant restrictions on landlord surveillance inside tenant-occupied units.

What Makes a Rental Unit a "Private Place"

Hawaii's privacy statute chapter defines a private place as "a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance." A tenant's rental unit clearly qualifies as a private place under this definition. The tenant has exclusive rights to occupy and control the space, creating a strong expectation of privacy.

This means that regardless of who owns the property, a landlord cannot place recording devices inside a tenant's unit without the tenant's consent.

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. The Hawaii Supreme Court confirmed this one-party framework in State v. Okubo, 67 Haw. 197, 682 P.2d 79 (1984). 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. Under HRS 521-53, landlords must provide at least two days' notice before entry for non-emergency inspections. Having a recording of the inspection can be valuable if disputes arise about the condition of the property.

Recording Neighbors in Common Areas

Tenants can record their own conversations in common areas of multi-unit buildings. However, covertly recording neighbors in their private units would violate HRS 711-1111.

Landlord Surveillance Rights

Common Areas

Landlords have broader rights to install surveillance cameras in common areas that are not private spaces:

• Building lobbies and entryways: Permitted for security purposes
• Hallways and corridors: Permitted with appropriate notice
• Parking lots and garages: Permitted for safety monitoring
• Laundry rooms: Permitted but should avoid capturing changing or intimate activities
• Mail rooms and package areas: Permitted for theft prevention
• Pool and recreational areas: Permitted in open common areas, not in changing rooms or bathrooms

What Landlords Cannot Do

Landlords cannot install or maintain recording devices in:

• Inside tenant units: Cameras or audio devices in a tenant's living space, bedroom, bathroom, or kitchen without explicit written consent
• Bathrooms and restrooms in common areas: These are private places regardless of location
• Anywhere intimate images could be captured: Any device that captures intimate images is subject to criminal liability under HRS 711-1110.9

Disclosure Requirements

While Hawaii does not have a specific statute requiring landlords to disclose security cameras in common areas, best practices include:

• Visible signage indicating camera surveillance in monitored areas
• Lease agreement disclosure of any surveillance systems
• Move-in documentation identifying all cameras on the property

Vacation Rentals and Short-Term Rentals

Special Considerations for STRs

Hawaii's active vacation rental market creates specific issues around recording. For short-term rentals (Airbnb, VRBO, etc.):

• Exterior cameras at entry points are generally permissible but should be disclosed in the listing
• Interior cameras of any kind that are not disclosed violate platform policies and may violate HRS 711-1111
• Hidden cameras inside a rental unit are illegal under HRS 711-1111 and potentially HRS 711-1110.9

Platform Rules vs. State Law

Rental platforms like Airbnb and VRBO have their own policies requiring disclosure of all cameras. Even if a camera might be technically permissible under state law (for example, a disclosed exterior doorbell camera), failing to disclose it in the listing can result in account suspension or removal from the platform. Hawaii state law and platform rules work together to require transparency about any recording devices at a rental property.

Criminal Penalties for Recording Violations in Rentals

Misdemeanor: HRS 711-1111

Installing or using a recording device inside a tenant's unit without consent is a misdemeanor under HRS 711-1111:

• Up to 1 year in jail
• Fines up to $2,000
• Court-ordered destruction of recordings

Felony: HRS 711-1110.9

If the recording involves intimate images (such as a camera placed in a bathroom or bedroom that captures intimate content), the offense escalates to a Class C felony under HRS 711-1110.9:

• Up to 5 years in prison
• Fines up to $10,000
• Possible sex offender registration

Felony: HRS 803-42

Installing a covert audio recording device inside a tenant's unit to intercept their conversations without any participant's consent is illegal interception under HRS 803-42, a Class C felony:

• Up to 5 years in prison
• Fines up to $10,000

Civil Damages: HRS 803-48

Tenants who are victims of illegal recording can pursue civil damages under HRS 803-48:

• Actual damages and profits from the violation
• Statutory damages of the greater of $100 per day or $10,000
• Attorney fees and costs

Tenant Remedies for Landlord Surveillance Violations

Immediate Steps for Tenants

If you discover unauthorized recording devices in your rental unit:

1. Document the device with photographs without touching or moving it
2. Contact local police to file a criminal complaint
3. Preserve the evidence and let law enforcement handle the device
4. Contact an attorney about civil remedies and lease termination options

Lease Termination Rights

Discovery of unauthorized surveillance devices in a rental unit may constitute a material breach of the lease, potentially allowing the tenant to terminate the tenancy without penalty. Hawaii's Residential Landlord-Tenant Code (HRS Chapter 521) provides remedies for landlord violations.

Remediation and Damages

In addition to criminal charges, tenants may pursue:

• Civil invasion of privacy claims under Hawaii common law
• Intentional infliction of emotional distress for particularly egregious violations
• Lease termination with return of security deposit
• Moving costs and temporary housing if the violation makes continued occupancy untenable

Practical Guidance for Both Parties

For Tenants

• Record conversations with your landlord about important matters. Store recordings safely with dates and notes about the context.
• Use your recording as documentation for small claims court if disputes arise over deposits, repairs, or lease terms.
• Look for disclosure of cameras in common areas. If you find undisclosed devices in your unit, contact police immediately.
• Understand the limits: You can record conversations you participate in, but planting a device in another tenant's apartment is illegal.

For Landlords

• Never install cameras inside tenant units without explicit written consent from the tenant.
• Disclose all cameras on the property in the lease agreement and in rental listings.
• Keep cameras in common areas visible and positioned to avoid capturing private activities.
• Consult an attorney before implementing any new surveillance measures in a rental property.

Federal Developments

Hawaii's election deepfake law, Act 191 SLH 2024, was permanently enjoined as facially unconstitutional in Babylon Bee LLC v. Lopez, No. 1:25-cv-00234 (D. Haw. Jan. 30, 2026) (Park, J.). The federal TAKE IT DOWN Act (effective May 19, 2026) imposes notice-and-takedown obligations on platforms for non-consensual intimate images. While these laws primarily affect digital content sharing, landlords and tenants using recording devices should be aware of the broader legal context for how recordings may be used or distributed.

More Hawaii Recording Laws

Audio Recording | Video Recording | Voyeurism and Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording

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