Breaking a lease in Hawaii can feel daunting, but state law gives tenants defined rights to leave early without facing extra costs. This guide explains when early termination is legal, what financial or legal outcomes might follow, and how both sides can handle the process responsibly and fairly.
Legal Reasons to Break a Lease Early in Hawaii
In Hawaii, tenants can legally end a lease early under specific conditions, including:
1. Active Duty Military
Federal law allows service members to break a lease when they receive active duty orders. This rule covers members of the Armed Forces, National Guard, and Reserve serving longer than 30 days, as well as Public Health Service or NOAA officers who receive deployment or permanent change of station (PCS) orders.
The protection takes effect once active service begins and continues for 30 to 90 days after discharge. Tenants must provide written notice and a copy of their official orders to the landlord. The lease officially ends 30 days after the start of the next rent period, which gives both parties enough time to plan and transition smoothly.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Violence, Sexual Assault, Stalking & Sexual Abuse
In Hawaii, tenants facing domestic violence, sexual assault, stalking, or sexual abuse can legally end their lease early without penalty. State law gives survivors the right to leave unsafe living situations once they provide proper documentation to their landlord, protecting them from financial fallout tied to early termination.
To qualify, the abuse must come from someone in the household and directly target the tenant or their child. The incident must involve physical harm, an attempted assault, or actions that create a reasonable fear of immediate danger.
Tenants must deliver 14 days’ written notice and submit valid proof, such as a restraining order, police report, or statement from a certified victim services organization. The lease ends on the date listed in the notice, which must fall within 104 days of the most recent act of violence. The tenant still covers rent and damages through that date.
Supporting law: Haw. Rev. Stat. § 521-80
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
In Hawaii, tenants can legally break a lease without penalty when serious repair issues make the home unsafe and the landlord ignores written repair requests. The rule applies only when the problem isn’t the tenant’s fault and violates the landlord’s legal duty to maintain livable housing.
Hawaii’s Residential Landlord-Tenant Code requires landlords to keep every rental structurally sound, sanitary, and functional. Examples of habitability violations include:
- Roof leaks or poor weatherproofing
- Broken or leaking plumbing systems
- No access to hot or cold running water
- Unsafe wiring or lighting fixtures
- Damaged stairs, floors, or railings
To end the lease properly, tenants must send a written notice describing the issue and give the landlord a fair chance (typically 10 business days) to make repairs. If the landlord does nothing, the tenant can move out and treat the lease as ended. Keeping photos, notices, and written communication helps prove the case if a dispute arises.
Supporting law: Haw. Rev. Stat. §§ 521-64, 521-74
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Harassment or Privacy Violations
In Hawaii, tenants can legally break a lease when a landlord’s behavior threatens their safety, privacy, or quiet enjoyment of the property. The law recognizes repeated harassment, unauthorized entry, or deliberate interference with utilities as valid reasons to end a lease early.
Common examples of landlord misconduct include:
- Unlawful entry: Entering without giving at least 2 days’ notice (unless an emergency occurs)
- Constructive eviction: Cutting off water, power, or other essential services, or tampering with doors and locks
- Failure to repair: Ignoring serious health or safety issues after receiving written notice
- Discrimination: Targeting or mistreating tenants based on protected characteristics under the Fair Housing Act
To terminate the lease, tenants must send a written notice, record the violations, and vacate the property within a reasonable period if the landlord refuses to correct the problem. Tenants can later pursue damages in court if the landlord’s actions forced them out or violated Hawaii’s housing laws.
Supporting law: Haw. Rev. Stat. §§ 521-37, 521-63, 521-64
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Unenforceable or Void Lease Agreement
In Hawaii, tenants can terminate a lease early and avoid penalties when the agreement breaks contract law or covers an illegal rental. A lease that fails basic legal standards holds no enforceable power under state law.
A lease becomes void or invalid in Hawaii when:
- Signed under duress: Threats, coercion, or physical intimidation eliminate genuine consent
- Signed by a minor: Anyone under 18 lacks the legal authority to enter a binding lease
- Covers an illegal unit: Unsafe or unpermitted housing violates local building and health codes
When a lease has no legal standing, the tenant can move out immediately without paying future rent. The landlord must refund the security deposit, and if they refuse, tenants can recover the money in small claims court.
Supporting law: Haw. Rev. Stat. §§ 521-42, 521-64, 521-67, 521-72
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Landlord Retaliation
In Hawaii, tenants can break a lease or fight an eviction if a landlord retaliates after they exercise their legal rights. The law prohibits landlords from punishing renters for filing complaints, requesting essential repairs, or asserting protections under the state’s Residential Landlord-Tenant Code.
Protected tenant actions include:
- Exercising or attempting to exercise rights guaranteed by law
- Reporting safety or building code violations to authorities
- Submitting written repair requests for essential services
- Filing complaints with housing or government agencies
Typical forms of landlord retaliation include:
- Filing or threatening eviction without cause
- Cutting utilities or reducing necessary services
- Increasing rent or altering lease terms in bad faith
- Harassing or disrupting a tenant’s right to live peacefully
Tenants should gather proof like written notices, complaint records, and government reports to back up retaliation claims. A landlord can counter these claims only by showing legitimate reasons for their actions, such as unpaid rent or planned property improvements.
Supporting law: Haw. Rev. Stat. § 521-74
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
7. Mutual Agreement Between Landlord & Tenant
In Hawaii, landlords and tenants can mutually agree to end a lease early if both parties sign a written agreement. These arrangements usually come from open communication or an early termination clause already included in the lease. Written documentation ensures that both sides understand and accept the terms.
Common reasons for mutual lease termination include:
- Job relocation or transfer
- Financial hardship or income loss
- Family or medical obligations
- Sale of the property
- Planned renovations or redevelopment
- Tenant purchasing a new home
When negotiating early termination, tenants should explain their circumstances clearly and propose fair conditions. Both parties can then agree on specifics like the move-out date, prorated rent, and the return of the security deposit. A signed agreement finalizes the process and provides legal protection for both sides.
Supporting law: Haw. Rev. Stat. § 521-21
Other Legal Reasons for Breaking a Lease in Hawaii
Tenants in Hawaii may also end a lease early under specific state or federal protections that fall outside standard landlord-tenant disputes. These special cases cover rare situations where tenants can move out without financial consequences.
Other valid reasons include:
Condemnation of the rental property: When government officials condemn a building for serious health or safety hazards, the unit becomes legally uninhabitable. Tenants can move out immediately and stop paying rent.
Supporting law: Haw. Rev. Stat. § 521-64
Natural disasters that render the unit uninhabitable: Events like fires, floods, or earthquakes that destroy or heavily damage a rental home give tenants the right to terminate the lease without penalty once the property becomes unlivable.
Supporting law: Haw. Rev. Stat. § 521-64
These less common situations are still recognized under Hawaii law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
In Hawaii, tenants who leave a lease early without legal cause risk losing their security deposit, facing a civil claim from the landlord, damaging their credit, or receiving poor rental references that make future housing harder to secure.
Landlord’s Duty to Mitigate Damages in Hawaii
Hawaii law requires landlords to make reasonable efforts to reduce financial losses when a tenant moves out early. They must attempt to re-rent the property instead of charging the full remaining rent. Once a new tenant takes possession, the original tenant only owes rent for the period the unit sat vacant.
Supporting law: Haw. Rev. Stat. § 521-70(d)
Tenant’s Right to Sublet in Hawaii
Tenants in Hawaii can’t sublet their rental without written approval from the landlord unless the lease explicitly allows it. With permission, subleasing can help cover rent and reduce financial strain, though the original tenant remains responsible for payments and the property’s upkeep.
Supporting law: Haw. Rev. Stat. § 521-37(a)
Navigate Broken Leases With Landlord Software
Ending a lease in Hawaii often feels confusing, but modern property management software can simplify communication, manage documents, and reduce the risk of avoidable conflicts between landlords and tenants.
Key features include:
- Digital rental applications and screening reports
- Custom lease creation with secure e-signatures
- Automated rent collection and late-payment reminders
- Maintenance tracking with real-time status updates
- Integrated accounting and expense management tools
- Encrypted document storage in the cloud
Create a free account today to simplify your rental operations and handle lease terminations with less stress and more control.
