Episode 201: Location-Specific Tenancy Guidance for Pacific Islands including American Samoa, Guam and CNMI
Summary
Today’s location-specific episode features Pacific Islands, a US Territory that includes American Samoa, Guam, and the Commonwealth of Northern Mariana Islands (CNMI). Each of my location-specific podcasts is set up the same way answering the same four questions:
1) What are the basics of the in this location
2) What are the nuances of this location – what is different that stands out?
3) Some guidance about abandoned items left behind by a tenant in a rental inPacific Islands, a US Territory
4) Where to get help in your local area in Pacific Islands, a US Territory.
Then I’ll go through what I call my “Bingo Card” of standard items I see most often in tenancy laws in different locations. This episode is NOT all inclusive – you must research further in your specific area including your County, Regional District, Parish, City or any other Governing Body that involves your rental location, but today’s episode will get you started!
This episode includes resources for Pacific Islands, a US Territory including:
U.S. Affiliated Pacific Basin Jurisdictions: Legal, Geographic and Demographic Information
U.S. Territories: Guam and Other Pacific Islands Profile - SIECUS
Listen to the full episode :
This Week’s Blog Post:
Welcome to My Life As A Landlord, where we educate curious US and Canadian landlords, answer rental questions, and clear up confusions about all things housing. I'm your host, Doctor Jennifer Salisbury. This is the last location specific episode in this tranche, which is happening at the end of December 2025. In fact, this is the last episode of 2025.
Understanding the Pacific Islands Geography
The Pacific Islands is actually made up of American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, known as the CNMI. American Samoa is in the South Pacific, consisting of five volcanic islands and two coral atolls with a population of about 55,000 people. Residents are U.S. nationals, they can't vote, they're not U.S. citizens, but they have other U.S. rights. Guam has a huge US military influence there with a population of about 170,000 people, and the people of Guam are U.S. citizens. I already did episode 150 about Guam specifically. The CNMI consists of 14 islands between Japan and the Philippines. All three of these territories are classified as unincorporated, meaning that all the provisions of the US Constitution may not fully apply.
Searching for American Samoa Housing Laws
I tried to find tenancy laws for American Samoa and it was challenging. I found the American Samoa Bar Association and looked through their legal resources and regulations. I looked at the Leasing and Licensing of Customary Land Act of 1965 and the Property Law Act of 1952, but these appeared to be mostly about leasing land, not about providing housing or dwelling units. It doesn't appear that there's anything regarding dwellings, but there's got to be. One of the biggest challenges is that American Samoa is such a small location, so spread out, that it's sort of like either there's minimal rentals or what may very well be happening is housing may come with employment.
CNMI's Landlord and Tenant Rental Act of 2017
For CNMI, I found something much more concrete. I found a PDF to establish the Northern Mariana Islands Landlord and Tenant Rental Act of 2017. The first sentence is actually pretty telling: one of the biggest problems for CNMI residents and landlords is the lack of a concrete landlord tenant code, something that is considered fundamental in all US 50 states. The legislature finds that the laws pertaining to CNMI landlords and tenants must be reviewed to provide legal rights for renters and landlords. CNMI has been described in some real estate as the wild wild West, and this can't be allowed to persist. Under this act, a CNMI landlord cannot demand a security deposit greater than one month's rent. If a deposit is used for property damage when a tenant moves out, the landlord must provide an itemized list, otherwise the landlord must return the security deposit.
Basic Requirements and Remedies
This act requires landlords to comply with all building and housing codes, maintain all utilities in working order and provide for garbage collection and removal. We're talking basic sanitation here. With regards to repairs and damages, this provision is something that CNMI sorely needs. People live in substandard living conditions because it's all they can afford and pay rent to landlords who take no responsibility for the property. On the other hand, tenants will now be required to maintain a safe, clean premises and use utilities reasonably and follow landlord regulations in accordance with the law. If there is non-compliance by the tenant with the rental agreement or noncompliance affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach, and the rental agreement will terminate upon a date not less than 30 days after receipt, and the breach is not remedied within 14 days. If the rent is unpaid when due and the tenant fails to pay the rent within 14 days written notice, then the landlord may terminate the rental agreement.
Final Thoughts on Pacific Island Rentals
I'm not going to go through my bingo card because I think we can agree that there is a lot in here that is just not there. They've got the basic, super basic framework of everybody agree: landlords behave, tenants behave and pay rent, everybody be engaged. And that's kind of it. It doesn't go any deeper than that. I just wonder how people are taking this because now they're eight years into this document. If anybody has any input from CNMI or American Samoa, please reach out to me because I do want to get perspective on this because there's not a whole lot here. Real estate takes you places. Where do you want real estate to take you?