| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Hawai’i?
In Hawai’i, the landlord has a right to enter a rental property for the following reasons:
- Inspecting the property.
- Improvements (including decorations).
- Maintenance and repairs.
- Showing the property to potential renters and buyers.
- Emergencies.
Can a Landlord Enter Without Permission in Hawai’i?
Hawai’i landlords can legally enter a rental property without permission only in an emergency.
Can a Landlord Enter Without the Tenant Present in Hawai’i?
Hawai’i landlords can legally enter a rental property without the tenant present.
Can a Landlord Show a House While Occupied in Hawai’i?
Hawai’i landlords can show an occupied house. The renter can’t unreasonably refuse.
How Often Can Landlords Conduct Routine Inspections in Hawai’i?
Hawai’i landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Hawai’i?
Hawai’i landlords must provide two days of notice, unless there’s a provable reason (such as an emergency) why notice isn’t reasonably possible.
Can a Landlord Enter Without Notice in Hawai’i?
Hawai’i landlords can enter without notice only in an emergency.
How Can Landlords Notify Tenants of an Intention To Enter in Hawai’i?
Hawai’i landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Hawai’i?
Hawaii tenants can refuse entry to landlords if entry isn’t for an allowed purpose (inspections, repairs, improvements, showings, and emergencies), or if the manner of entry is unreasonable. For example, in most cases a tenant could refuse entry for a property showing in the middle of the night.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Hawai’i?
Hawai’i landlords can go to court if the tenant illegally refuses entry, and ask for an injunction to compel entry, or monetary damages suffered. If the refusal relates to property damage or code noncompliance, the landlord can cancel the rental agreement if the tenant doesn’t remedy within 10 days.
Can a Tenant Change the Locks Without Permission in Hawai’i?
Hawai’i tenants can change locks without permission if the lease doesn’t say otherwise. The landlord still has a right to enter for specific reasons, so it’s recommended that tenants provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Hawai’i?
Hawai’i tenants can take the following actions if a landlord enters illegally or repeatedly demands to enter in an unreasonable way:
- Get a court order to ban the landlord from entering and/or harassing.
- Cancel the rental agreement.
- Recover cost of any actual damages, plus a minor civil fine (up to $100).
- Report the landlord to the office of consumer protection.
Sources
- 1 Haw. Rev. Stat. § 521-53(a) & (c) (2022)
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“(a) The tenant shall not unreasonably withhold the tenant’s consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply services as agreed; or exhibit the dwelling unit to prospective purchasers, mortgagees, or tenants…
“(c) The landlord shall have no other right of entry, except by court order, unless the tenant appears to have abandoned the premises, or as permitted by section 521-70(b) [reasonably necessary entrances during extended tenant absence].”
Source Link - 2 Haw. Rev. Stat. § 521-53(b) (2022)
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“The landlord shall not abuse this right of access nor use it to harass the tenant. Except in case of emergency or where impracticable to do so, the landlord shall give the tenant at least two days notice of the landlord’s intent to enter and shall enter only during reasonable hours.”
Source Link - 3 Haw. Rev. Stat. § 521-11 (2022)
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“(a) Whenever this chapter requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement.
“(b) What is a reasonable time for taking any action depends on the nature, purpose, and circumstances of the action.”
Source Link - 4 Haw. Rev. Stat. § 521-9 (2022)
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In Hawai’i, notice depends completely on whether a person actually knows something or is in a reasonable situation to know about it. Unless the law expressly says otherwise, notice still counts as long as it delivers information effectively, even if the form or content isn’t exactly what the law asks. “A person has notice of a fact when: (1) The person has actual knowledge of it; or (2) The person has received a notice or notification of it; or (3) From all the facts and circumstances known to the person at the time in question the person has reason to know of it.”
Source Link - 5 Haw. Rev. Stat. § 521-73(a) (2022)
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“The tenant shall be liable to the landlord for any damage proximately caused by the tenant’s unreasonable refusal to allow access as provided in section 521-53(a) [landlord has a right to reasonable entry for purposes of inspections, maintenance, improvements, showings, and emergencies].”
Source Link - 6 Haw. Rev. Stat. § 521-69(a)(1) (2022)
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“If the tenant is in material noncompliance with section 521-51 [tenant responsibilities], the landlord, upon learning of any such noncompliance and after notifying the tenant in writing of the noncompliance and allowing a specified time not less than ten days after receipt of the notice, for the tenant to remedy the noncompliance: (1) May terminate the rental agreement and bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession if the tenant is in material noncompliance with section 521-51(1)…”
Source Link - 7 Haw. Rev. Stat. § 521-73(b) (2022)
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“Except for an entry under an emergency such as fire, the landlord shall be liable to the tenant for any theft, casualty, or other damage proximately caused by an entry into the dwelling unit by the landlord or by another person with the permission or license of the landlord: (1) When the tenant is absent and has, after having been notified by the landlord of a proposed entry or entries, refused consent to any such specific entry; (2) Without the tenant’s actual consent when the tenant is present and able to consent; or (3) In any other case, when the damage suffered by the tenant is proximately caused by the landlord’s negligence.”
Source Link - 8 Haw. Rev. Stat. § 521-73(c) (2022)
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“In the event of repeated demands by the landlord for unreasonable entry, or any entry by the landlord or by another with the landlord’s permission or license which is unreasonable and not consented to by the tenant: (1) The tenant may treat such actions as grounds for termination of the rental agreement; (2) Any circuit court judge on behalf of one or more of the tenants may issue an injunction against a landlord to enjoin violation of this subsection; (3) Any circuit court judge hearing a dispute as set out in [paragraph] (2) may also assess a fine not to exceed $100.”
Source Link - 9 Haw. Rev. Stat. § 521-77 (2022)
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“The office of consumer protection may receive, investigate and attempt to resolve any dispute arising under this chapter.”
Source Link
