Hawai’i legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Hawai’i Implied Warranty of Habitability
In Hawai’i, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
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However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Hawai’i
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | No | Only If Provided |
| Hot Water | Usually | Only If Provided |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | Usually | Usually |
| Garbage Pickup | Usually | Usually |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Sometimes |
| Clogs | N/A | Sometimes |
Landlord Responsibilities for Heating & Air Conditioning in Hawai’i
Hawai’i landlords don’t have to provide heating or air conditioning for rental premises. If provided, however, the landlord must keep such appliances in good working order.
Are Landlords Required to Provide Air Filter Replacements in Hawai’i?
Hawai’i landlords don’t have to replace things like air filters, unless a provided appliance won’t work properly otherwise.
Landlord Responsibilities for Plumbing in Hawai’i
Hawai’i landlords must keep plumbing in good working condition.
Are Landlords Required To Provide Hot Water in Hawai’i?
Hawai’i landlords must supply running water for all rental premises except single-family residences. There’s no requirement to supply hot water specifically.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Hawai’i?
Hawai’i landlords must fix clogs the renter didn’t cause that keep the plumbing from being in good working condition.
Are Landlords in Hawai’i Responsible for Fixing Leaks?
Hawai’i landlords must fix leaks the renter didn’t cause that keep the plumbing from being in good working condition.
Landlord Responsibilities for Kitchen Appliances in Hawai’i
Hawai’i landlords don’t have to provide kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. If any of these are supplied with the rental property, however, it’s the landlord’s responsibility to maintain them.
Landlord Responsibilities for Electrical Issues in Hawai’i
Hawai’i landlords are responsible for providing and maintaining electrical service on the premises, as well as maintaining any electrical appliances they supply.
Are Landlords Responsible for Replacing Light Bulbs in Hawai’i?
Hawai’i landlords are required to maintain any supplied appliances, including those with light bulbs, and the tenant is not responsible for fixing reasonable wear and tear on the premises. This means in most cases, it’s the landlord’s responsibility to replace light bulbs the tenant didn’t break.
Landlord Responsibilities for Garbage Removal in Hawai’i
Hawai’i landlords must provide and maintain outside garbage containers and garbage removal services, except in the case of single family residences.
Landlord Responsibilities for Landscaping in Hawai’i
Hawai’i landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Hawai’i
Hawai’i landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety.
Landlord Responsibilities Regarding Pests in Hawai’i
Hawai’i landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants. There’s no requirement to test for infestations, however.
Landlord Responsibilities for Windows & Window Coverings in Hawai’i
Hawai’i landlords have no responsibilities relating to window coverings or to windows, except what’s required for code compliance and basic safety.
Landlord Responsibilities Regarding Safety Devices in Hawai’i
Hawai’i landlords are responsible for providing and maintaining smoke alarms and carbon monoxide (CO) detectors, as required by the state fire code.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Hawai’i?
Hawai’i landlords are responsible for maintenance like battery replacement in appliances they supply, including safety devices.
Landlord Responsibilities for Washers and Dryers in Hawai’i
Hawai’i landlords are not required to furnish their rental properties with a working washer and dryer. However, if they are provided, the landlord is responsible for fixing them if they stop working properly.
Renter’s Rights for Repairs in Hawai’i
Hawai’i renters have the right to repairs for issues affecting health and safety, unless they caused the issue themselves. Landlords usually have 12 business days to begin repairs after a written request. For serious issues, they may have to begin within three business days, or complete repairs within one week.
If the issue isn’t fixed, the renter could cancel the lease, repair and deduct, or ask a court to order repairs or compensation. However, renters are not allowed to unilaterally withhold rent payments.
Sources
- 1 Lund v. MacArthur, 51 Haw. 473, 475 (Haw. 1969) (internal citations omitted)
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“In Lemle v. Breeden, we decided that there was an implied warranty of habitability in a lease of a dwelling. Today we hold that an implied warranty of habitability exists in unfurnished as well as furnished dwellings.”
Source Link - 2 Haw. Rev. Stat. § 521-63(a) (2022)
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“If any condition within the premises deprives the tenant of a substantial part of the benefit and enjoyment of the tenant’s bargain under the rental agreement, the tenant may notify the landlord in writing of the situation and, if the landlord does not remedy the situation within one week, terminate the rental agreement. The notice need not be given when the condition renders the dwelling unit uninhabitable or poses an imminent threat to the health or safety of any occupant. The tenant may not terminate for a condition caused by the want of due care by the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.”
Source Link - 3 Haw. Rev. Stat. § 521-42(a) (2022)
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“The landlord shall at all times during the tenancy: (1) Comply with all applicable building and housing laws materially affecting health and safety; (2) Keep common areas of a multi-dwelling unit premises in a clean and safe condition; (3) Make all repairs and arrangements necessary to put and keep the premises in a habitable condition; (4) Maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear; (5) Except in the case of a single family residence, provide and maintain appropriate receptacles and conveniences for the removal of normal amounts of rubbish and garbage, and arrange for the frequent removal of such waste materials; and (6) Except in the case of a single family residence, or where the building is not required by law to be equipped for the purpose, provide for the supplying of running water as reasonably required by the tenant.”
Source Link - 4 Haw. Rev. Stat. § 521-64(f) (2022)
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“In no event may a tenant repair a dwelling unit at the landlord’s expense when the condition complained of was caused by the want of due care by the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.”
Source Link - 5 Haw. Rev. Stat. § 521-51 (2022)
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“Each tenant shall at all times during the tenancy: (1) Comply with all applicable building and housing laws materially affecting health and safety; (2) Keep that part of the premises which the tenant occupies and uses as clean and safe as the conditions of the premises permit; (3) Dispose from the tenant’s dwelling unit all rubbish… in a clean and safe manner; (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits; (5) Properly use and operate all electrical and plumbing fixtures and appliances in the dwelling unit or used by the tenant; (6) Not permit any person on the premises with the tenant’s permission to wilfully [damage]… any part of the premises… (7) Keep the dwelling unit and all facilities, appliances, furniture, and furnishings supplied therein by the landlord in fit condition, reasonable wear and tear excepted; and (8) Comply with all… [rules] in accordance with section 521-52 [reasonable community rules from landlord]…”
Source Link - 6 incorporates the Uniform Fire Code NFPA 1
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Hawai’i incorporates the Uniform Fire Code NFPA 1, which requires smoke alarms for all residential premises and carbon monoxide detectors in premises that abut or contain an unvented garage or an appliance that burns fossil fuels, such as a fireplace.
Source Link - 7 Haw. Rev. Stat. § 521-64(c) (2022)
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“The landlord, upon written notification by the tenant of any defective condition on the premises which is in material noncompliance with section 521-42(a) [landlord duties for upkeep] or with the rental agreement, shall commence repairs of the condition within twelve business days of the notification with a good faith requirement that the repairs be completed as soon as possible… In any case involving repairs, except those required due to misuse by the tenant, to electrical, plumbing, or other facilities, including major appliances provided by the landlord pursuant to the rental agreement, necessary to provide sanitary and habitable living conditions, the landlord shall commence repairs within three business days of [notice, and in either case shall notify the tenant if unable to begin repair within the required timeframe].”
Source Link - 8 Haw. Rev. Stat. § 521-64(d) (2022)
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“If the landlord fails to perform in the manner specified in subsection (c), the tenant may immediately do or have done the necessary work in a competent manner and upon submission to the landlord of receipts amounting to at least the sums deducted, deduct from the tenant’s rent not more than $500 for the tenant’s actual expenditures for work done to correct the defective condition.”
Source Link - 9 Haw. Rev. Stat. § 521-63(a) (2022)
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“If any condition within the premises deprives the tenant of a substantial part of the benefit and enjoyment of the tenant’s bargain under the rental agreement, the tenant may notify the landlord in writing of the situation and, if the landlord does not remedy the situation within one week, terminate the rental agreement. The notice need not be given when the condition renders the dwelling unit uninhabitable or poses an imminent threat to the health or safety of any occupant. The tenant may not terminate for a condition caused by the want of due care by the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.”
Source Link
