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Sakawrat "Gift" Kitkuakul, Ph.D.
Free Foreclosure & Distressed Home Support • Oʻahu
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Falling Behind on a Rental Property Mortgage in Hawaiʻi: What's Different

A lot of Oʻahu homeowners also own a second property — an ohana unit, an inherited home they rent out, a small investment property. When the mortgage on that property falls behind, it's a different problem than falling behind on your primary home, with fewer built-in protections and a tenant caught in the middle. Here's what's actually different, and what your options look like.

Why rental properties have fewer relief options

Many of the standard homeowner hardship programs — certain forbearance programs, some loan modification pathways — were built primarily around owner-occupied primary residences. Non-owner-occupied loans (the category a rental property usually falls into) are frequently excluded or treated differently, sometimes with stricter requirements or simply no equivalent program at all. This catches a lot of landlords off guard, especially first-time ones who assumed the process would work the same way it did for their own home.

Why it's still worth contacting your servicer

"Fewer options" doesn't mean "no options." Some servicers do offer repayment plans, modification, or short-term relief on non-owner-occupied loans — it just isn't guaranteed the way certain owner-occupant programs are. It's worth asking directly and documenting your specific hardship (lost tenant, major repair, reduced rental income) rather than assuming nothing is available.

The tenant complication

  • Your tenant's lease doesn't disappear if the mortgage does. A foreclosure doesn't automatically evict a tenant with a valid lease — but it does create real uncertainty for them, and for you as landlord managing that relationship honestly.
  • Rental income affects your options. A vacancy or a tenant who's also behind on rent compounds the mortgage problem — two cash flow issues stacked on top of each other.
  • Communication matters. Tenants who feel blindsided by a foreclosure process are more likely to stop paying rent altogether or move out abruptly, both of which make your situation worse.

What tends to help

  • Talk to your servicer early and be specific about why the property fell behind — vacancy, a non-paying tenant, an unexpected repair.
  • Review your lease and Hawaiʻi's landlord-tenant law before making any decisions that affect a current tenant.
  • Consider whether selling is more realistic than holding on — a rental property in financial distress doesn't carry the same emotional weight as a primary home, and sometimes selling before things worsen preserves more of your equity than fighting to keep it.
  • Get a straight answer on modification eligibility rather than assuming either way — programs and servicer policies vary more for non-owner-occupied loans than most landlords expect.

Getting the right help

Your specific loan terms, what your servicer will actually offer on a non-owner-occupied loan, and how Hawaiʻi's landlord-tenant law applies to your situation are all questions for your servicer, a real estate attorney, or a HUD-approved housing counselor. What I can help with is understanding the bigger picture — whether holding on, selling, or another path makes the most sense once you know what's realistically available.

Note: This article is for general educational purposes only. It is not legal, financial, or tax advice. I am not an attorney, licensed lender, real estate broker, or HUD-approved housing counselor. For loan-specific options, contact your mortgage servicer. For landlord-tenant questions, consult a licensed Hawaiʻi attorney. In some cases I may be interested in purchasing a home — always disclosed upfront, never pressured. When specialized guidance is needed, I connect you with trusted, licensed professionals.
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