Hawaii law gives rights and responsibilities to tenants and landlords whenever a written or oral rental agreement exists, or if payment is accepted as rent. The Residential Landlord-Tenant Code details the specifics, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights cannot be waived regardless of what the rental agreement says.
Landlord Responsibilities in Hawaii
In Hawaii, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Hawaii’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | No | Only If Provided |
| Hot Water | Usually | Only If Provided |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Usually | Usually |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Hawaii
Hawaii landlords must perform necessary repairs in a timely manner. The amount of time allowed for repairs depends on the specific issue, but in most cases it’s twelve business days.
If repairs aren’t made in a timely manner, Hawaii tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent.
Tenant Responsibilities in Hawaii
Aside from paying rent on time, Hawaii tenants must:
- Keep the unit in a clean and habitable condition
- Keep fixtures and appliances clean and sanitary
- Not deliberately or negligently destroy the dwelling unit
- Make small repairs and maintenance
- Not disturb other tenants or neighbors
Evictions in Hawaii
Evictions in Hawaii require filing an order with the court. Hawaii landlords are permitted to evict tenants for the following reasons:
- Nonpayment of Rent: If a tenant fails to pay rent, then the landlord may issue a written 15-Day Notice to Pay. If the tenant still does not pay, then the landlord may begin eviction proceedings.
- Lease Violation: If a lease violation occurs, then the landlord can issue a 10-Day Notice to Cure or Vacate. If the terms of the notice are not met within the timeframe, then the landlord may file for eviction. Landlords may give a Notice to Quit for property damage or material health and safety violations.
- No Lease/End of Lease: Month-to-month tenants are entitled to receive a 45-Day Notice to Quit before being evicted and week-to-week tenants are entitled to receive a 10-Day Notice to Quit before being evicted.
- Demolition of Rental Unit: If the landlord wishes to demolish the rental unit, they must give tenants a 120-Day Notice to Quit.
- Short-Term Rental Conversion: If the landlord wants to convert the rental property to a short-term rental, they must provide tenants with a 120-Day Notice to Quit.
- Condominium Conversion: If a landlord wants to convert the rental property into condominiums the tenant must be provided with a 120-Day Notice to Quit.
- Illegal Acts: Hawaii landlords have broad authority to determine which illegal acts warrant eviction. If a landlord has documentation of illegal activity on the property then they may give the tenant a 24-Hour Notice to Quit for common nuisances, if the nuisance isn’t corrected then the landlord may provide the tenant with a 5-Day Notice to Quit before filing for eviction. If the illegal activity causes irreparable harm to other tenants or the rental property, an unconditional Notice to Quit may be given and for all other illegal activity (that does not endanger other tenants or the rental property) a 10-Day Notice to Comply shall be given.
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons. Hawaii tenants cannot be evicted for using medical marijuana, provided they have a license and the unit is not smoke-free.
Landlord Retaliation in Hawaii
It’s illegal for Hawaii landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Hawaii
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: One month’s rent
- Inventory Requirement: Landlords must provide a detailed record of the inventory and condition of the rental unit, furnishings, and appliances
- Interest Requirement: None
Returns and Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, late fees, utilities, damage excluding normal wear and tear, costs due to early termination of the lease, cleaning costs, and failure to return keys
- Time Limit for Return: 14 days after the lease term ends
- Max. Penalty for Late Return: Tenants can sue for the full security deposit plus three times the amount wrongfully withheld and court costs
Lease Termination in Hawaii
Notice Requirements: If a tenant wishes to terminate a lease then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 28 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: If a Hawaii tenant wishes to break a lease early then they may do so for the following reasons:
- Early termination clause
- Active military duty
- Landlord harassment
If a Hawaii tenant terminates a lease early, then they may be liable to pay the rest of the lease. Hawaii landlords are legally obligated to facilitate the re-rental process.
Cost of Breaking a Lease in Hawaii
If a Hawaii tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Hawaii
Hawaii does not have rent control. However, state law does not prohibit cities and towns from creating their own rent control laws.
Because Hawaii does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Before increasing the rent, landlords must give 45 days’ notice to month-to-month tenants and 15 days’ notice to week-to-week tenants.
Housing Discrimination in Hawaii
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, national origin, familial status, sex (including gender identity and sexual orientation), or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. State law also adds discrimination protection for individuals based on marital status, source of income, age, and HIV status.
Discriminatory Acts and Penalties: The Hawaii Civil Rights Commission handles cases relating to housing discrimination. The following behaviors may be interpreted as discriminatory when directed at a member of a protected group:
- Refusing to rent or sell on a bona fide offer
- Offering different terms, conditions, or privileges
- Falsely claiming a unit is unavailable
- “Steering” applicants into certain neighborhoods
- Refusing to make reasonable accommodations
Tenants can report cases of potential discrimination to the Commission by submitting a Pre-Complaint Questionnaire.
Additional Landlord Tenant Regulations in Hawaii
In addition to having laws that address general issues like repairs and security deposits, most states, including Hawaii, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Hawaii
Hawaii landlords can enter rental property for inspections, maintenance, and property showings. Before entering, a landlord must provide at least two days of advance notice to the tenant, unless there’s a provable reason to justify less notice (such as an emergency).
Rent Collection and Related Fees in Hawaii
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee
- Maximum Late Fee: 8% of rent due
- Rent Payment Methods: Landlords cannot require post-dated checks
- Rent Receipt: Required
Small Claims Court in Hawaii
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. However, there is no limit to the claim amount for security deposit return disputes.
Plaintiffs are required to use Hawaii’s Online Dispute Resolution Program unless they hire an attorney or request an exemption. The process takes approximately one month.
Mandatory Disclosures in Hawaii
Hawaii landlords must provide the following mandatory disclosures:
- Lead-Based Paint: Landlords who own homes built before 1978 must provide information about concentrations of lead paint
- Authorized Agents: Landlords must also provide the names and addresses of all parties involved in renting and managing the property
- Inventory Statement: Landlords must provide an inventory of the rental unit’s condition including all furnishings and appliances
Changing the Locks in Hawaii
Hawaii law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Additional Resources for Hawaii Renters
Many cities in Hawaii have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
Handbook for the Hawaii Residential Landlord-Tenant Code – Published by the Hawaii Office of Consumer Protection, this guide breaks down nearly every provision within the state’s landlord-tenant law and applies it to both parties. It also provides a helpful Q&A section that can provide insight into issues that fall between the legal lines.
Fair Housing Policy – This page, compiled by the Hawaii Public Housing Authority, explains which classes are protected from discrimination in housing by state law.
What Should I Do If I Have a Landlord/Tenant Problem? – This guide details the steps a landlord or tenant should take if they have a dispute. This includes resolving the dispute through negotiations as well as taking the dispute to Small Claims Court.
Sources
- 1 Haw. Rev. Stat. § 521-21(f)
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Where the rental agreement provides for a late charge payable to the landlord for rent not paid when due, the late charge shall not exceed eight per cent of the amount of rent due.
Source Link - 2 Haw. Rev. Stat. § 521-44(e)
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The landlord shall not require the delivery of any postdated check or other negotiable instrument to be used for payment of rent.
Source Link - 3 Haw. Rev. Stat. § 521-43(e)
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The landlord shall furnish to the tenant a written receipt for rents paid at the time of payment. Canceled checks shall also constitute and fulfill the requirement of a written receipt. If rent is paid by check, the landlord shall furnish a receipt therefor, provided a receipt is requested by the tenant.
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