Both landlords and tenants should be able to deal with many legal questions and problems without a lawyer, once they understand the basics of state law. This overview of key landlord-tenant laws in Hawaii will get you started.
Required Landlord Disclosures in Hawaii
Under Hawaii law, landlords must disclose specific information to tenants (usually in the lease or rental agreement), such as the identity of anyone authorized to act on the landlord’s behalf. For a full list, see Hawaii Required Landlord Disclosures.
Hawaii Security Deposit Limit and Return
Hawaii state law limits how much a landlord can charge for a security deposit (one month’s rent), when it must be returned (within 14 days after a tenant moves), and sets other restrictions on deposits. See Hawaii Security Deposit Limits and Deadlines for more on the subject.
Small Claims Lawsuits in Hawaii
Tenants can sue landlords in small claims court for the return of their deposit. There is no limit on the dollar amount you can sue for in landlord-tenant cases in Hawaii. See Filing a Security Deposit Lawsuit in Hawaii Small Claims Court for advice for tenants filing suit. Landlords defending a security deposit lawsuit should check out Hawaii Landlord’s Guide to Security Deposit Disputes in Small Claims Court.
Hawaii Notice Required to Raise Rent and Other Rent Rules
State law regulates several rent-related issues, including the amount of notice (at least 45 days in Hawaii for a month-to-month rental agreement) landlords must give tenants to raise the rent and how much time (five days in Hawaii) a tenant has to pay rent or move before a landlord can file for eviction. For details, see Hawaii Termination for Nonpayment of Rent and Other Rent Rules.
Tenant Rights to Withhold Rent in Hawaii
Tenants may withhold rent or exercise the right to “repair and deduct” if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Hawaii Tenant Rights to Withhold Rent or “Repair and Deduct”.
Hawaii Termination and Eviction Rules
State laws specify when and how a landlord may terminate a tenancy. For example, a landlord may give a Hawaii tenant who has caused or threatened to cause irremediable damage to any person or property an unconditional quit notice. If the tenant does not move out immediately the landlord can file for eviction. See State Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in Hawaii.
Landlord Access to Rental Property, Tenant Protection Against Retaliation, and Other State Laws in Hawaii
Several other landlord-tenant laws in Hawaii affect both property owners and renters, including:
- restrictions on landlord’s right to access rental property (Hawaii landlords must provide two days’ notice of entry)
- tenant protections against landlord retaliation for tenant exercising a legal right, such as complaining about an unsafe living condition (see Hawaii State Laws Prohibiting Landlord Retaliation for details)
- procedures for how landlords must handle abandoned property left behind by tenants, and
- fair housing rights (discrimination is also prohibited by federal and, often, local law—see the Housing Discrimination section of the Nolo site for details).
Where to Find Hawaii Landlord-Tenant Statutes
If you want to read the text of a law itself, such as state security deposit rules, you’ll find citations in many of the articles and charts included in the State Landlord-Tenant Laws section of the Nolo site. To access the statutes, go to the Hawaii Laws and Legal Information section of the Nolo site and find the link to your state laws.
If you just want to browse through the Hawaii landlord-tenant law, you can find state statutes at Haw. Rev. Stat. §§ 521-1 to 521-78. You can search the table of contents for the landlord-tenant statutes. Or, if you don’t know the exact statute number, you can enter a keyword that is likely to be in it, such as “nonpayment of rent.”
In addition to accessing state laws via Nolo’s website, Hawaii statutes are available in many public libraries and in most law libraries that are open to the public (typically found in a county courthouse or at the state capitol or in a publicly-funded law school).
Local Ordinances Affecting Hawaii Landlords and Tenants
Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and antidiscrimination rules that affect landlords and tenants. Many municipalities have websites —just search for the name of a particular city in Hawaii and then do a search when you’re on the site.
State and Local Government on the Net and Municode are good sources for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Hawaii.
Federal Landlord-Tenant Laws and Regulations
While most landlords and tenants will primarily be concerned with state law in Hawaii, several federal laws come into play. Congress has enacted laws, and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have adopted regulations, coveringdiscrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.
The U.S. Code is the starting place for most federal statutory research. It consists of 50 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations (“CFR”), also organized by subject into 50 separate titles.
To access the U.S. Code and Code of Federal Regulations online, see Nolo’s Federal Law Resources page. Also, the Cornell Legal Information Institute provides the entire U.S. Code as well as the Code of Federal Regulations. Finally, check USA.gov, the official U.S. website for government information.
Nolo Resources on Legal Research and Landlord-Tenant Law
Nolo’s Laws and Legal Research page includes links to state and federal laws, explains how to research and understand statutes, and provides advice on finding local ordinances and court cases, including Supreme Court cases. To go further, check out Legal Research: How to Find & Understand the Law, by Stephen Elias and the Editors of Nolo (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.